IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

[___] DIVISION

STATE OF ARKANSAS,
  Plaintiff,

v. Case No. [___]

[DEFENDANT FULL LEGAL NAME],
  Defendant.

MOTION FOR REDUCTION OF BAIL

[// GUIDANCE: Practitioners generally caption bail‐related filings “Motion for Bond Reduction” or “Motion to Modify Bail” interchangeably. Confirm local practice with the clerk’s office or standing administrative orders.]

TABLE OF CONTENTS

1. Relief Requested
2. Procedural Background
3. Governing Law
4. Argument & Bail Factors
5. Proposed Conditions of Release
6. Prayer for Relief
7. Notice of Hearing
8. Verification
9. Certificate of Service
10. Proposed Order

1. Relief Requested

1.1 Pursuant to Ark. Const. art. 2, § 8 and Ark. R. Crim. P. 9.1–9.3, Defendant respectfully moves this Honorable Court to reduce the current bail from $[CURRENT AMOUNT] to $[REQUESTED AMOUNT] or, in the alternative, to release Defendant on his/her own recognizance subject to reasonable conditions outlined below.

2. Procedural Background

2.1 Defendant was arrested on [DATE] and is presently charged by [INFORMATION/INDICTMENT] with [OFFENSE(S) & STATUTORY CITATIONS].
2.2 At the initial appearance on [DATE], this Court set bail at $[CURRENT AMOUNT].
2.3 Defendant has remained in custody since [DATE] because he/she is financially unable to post the current bond.
2.4 [OPTIONAL] On [DATE], the State filed an amended charging instrument reducing/enhancing the charges.

3. Governing Law

3.1 Right to Bail: Except in capital offenses when the proof is evident or the presumption great, “[a]ll persons shall be bailable by sufficient sureties.” Ark. Const. art. 2, § 8.
3.2 Bail Determination: In setting or reviewing bail, the Court must consider the factors enumerated in Ark. R. Crim. P. 9.2(a).
3.3 Modification: The Court may modify bail “at any time” upon motion and a showing of good cause. Ark. R. Crim. P. 9.2(b).
3.4 Conditions of Release: Ark. R. Crim. P. 9.3 authorizes the Court to impose the least restrictive conditions necessary to secure appearance and public safety.

4. Argument & Bail Factors (Ark. R. Crim. P. 9.2(a))

4.1 Nature & Circumstances of the Offense
 a. The charged offense is [CLASSIFICATION]; no violence or firearm is alleged.
 b. Maximum statutory penalty is [YEARS/FINE], which reduces flight incentive.

4.2 Weight of the Evidence
 a. Discovery provided on [DATE] reveals [WEAKNESS IN PROOF / MITIGATING FACT].
 b. No eyewitness directly implicates Defendant.

4.3 Defendant’s Personal History
 a. Age: [AGE]; lifelong resident of [COUNTY].
 b. Employment: [FULL-TIME JOB DETAILS]; employer willing to reinstate upon release (Ex. A).
 c. Family Ties: Responsible for [DEPENDENTS / CAREGIVER ROLE].
 d. Criminal Record: [NO / MINOR] prior convictions, none involving failure to appear.

4.4 Public-Safety Assessment
 a. No history of violence or weapons charges.
 b. Risk-assessment instrument score [LOW/MODERATE] (Pretrial Services Report, Ex. B).

4.5 Financial Ability
 a. Annual income: $[INCOME]; assets minimal.
 b. Current bail is effectively punitive and exceeds “reasonable” standard.

4.6 Changed Circumstances Since Bond Set
 a. State’s evidence clarified through discovery.
 b. Defendant’s health conditions (medical records, Ex. C) make continued detention unduly harsh, especially under pandemic protocols.

5. Proposed Conditions of Release (Ark. R. Crim. P. 9.3)

5.1 Execution of an unsecured appearance bond in the amount of $[REQUESTED AMOUNT]; or
5.2 Alternative surety bond not to exceed $[REQUESTED AMOUNT]; and
5.3 Standard conditions:
 a. Appear at all court proceedings.
 b. Commit no new offense while on release.
5.4 Special conditions tailored to risk mitigation:
 a. Weekly in-person/virtual check-ins with Pretrial Services.
 b. GPS location monitoring (cost borne by Defendant).
 c. No contact with alleged victim [NAME] and exclusion zone of [X] miles.
 d. Submit to random drug testing at Pretrial Services’ discretion.

[// GUIDANCE: Add or remove conditions based on the Pretrial Services recommendation and local judicial preferences. Courts favor the “least restrictive means”; over-conditioning can backfire.]

6. Prayer for Relief

WHEREFORE, Defendant prays that the Court:
A. Reduce bail to $[REQUESTED AMOUNT] or release Defendant on his/her own recognizance;
B. Adopt the proposed conditions of release set forth above; and
C. Grant all other just and proper relief.

Respectfully submitted this ___ day of ____, 20__.

text
[ATTORNEY NAME] (Ark. Bar No. __)
[Law Firm Name]
[Street Address]
[City, State ZIP]
Telephone: [_]
Email: [___]
Counsel for Defendant

7. Notice of Hearing

PLEASE TAKE NOTICE that the undersigned will bring this Motion on for hearing on __ _, 20__, at : __.m., or as soon thereafter as counsel may be heard, before the Honorable [JUDGE’S NAME], at the [COURTHOUSE NAME & ADDRESS].

8. Verification

I, [DEFENDANT NAME], being duly sworn, state under penalty of perjury that the factual assertions contained in ¶¶ 2.1–2.4 and 4.3–4.6 of the foregoing Motion are true and correct to the best of my knowledge and belief.

text

[DEFENDANT NAME]

Subscribed and sworn before me on this ___ day of __, 20.

Notary Public
My commission expires: ______
[// GUIDANCE: Arkansas courts generally do not require verification for routine bond motions, but attaching one strengthens factual credibility—especially when relying on sworn financial hardship.]

9. Certificate of Service

I hereby certify that a true and correct copy of the foregoing Motion was served on the Prosecuting Attorney for the [] Judicial District, [PROSECUTOR NAME], via [E‐FILE / HAND DELIVERY / EMAIL] on this ___ day of _, 20.

text

[ATTORNEY NAME]

10. Proposed Order

text
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS
[___] DIVISION

STATE OF ARKANSAS v. [DEFENDANT NAME] Case No. [____]

ORDER GRANTING REDUCTION OF BAIL

On this ___ day of __, 20, the Court, having reviewed Defendant’s Motion for Reduction of Bail, the response of the State, the Pretrial Services report, and the arguments of counsel, FINDS:

1. Arkansas Constitution art. 2, § 8 and Ark. R. Crim. P. 9.1–9.3 govern bail determinations.
2. After considering the factors in Ark. R. Crim. P. 9.2(a), the Court concludes that a lower bond with targeted conditions will reasonably assure Defendant’s appearance and the safety of the community.

IT IS THEREFORE ORDERED that:

A. Bail is reduced to $[AMOUNT APPROVED BY COURT].
B. Defendant may secure release by posting (i) an unsecured appearance bond in that amount or (ii) a surety bond approved by the sheriff.
C. Defendant shall comply with the following conditions of release pursuant to Ark. R. Crim. P. 9.3:
1. Appear at all court proceedings.
2. Commit no new criminal offense.
3. [ADDITIONAL COURT-IMPOSED CONDITIONS].
D. Failure to obey any condition may result in revocation of release and forfeiture of bond.

IT IS SO ORDERED.

[JUDGE’S NAME]
Circuit Judge

[// GUIDANCE:
1. Attach supporting exhibits (employment letter, medical documents, Pretrial Services report) with an index.
2. Confirm whether the county uses an electronic filing system; adjust service method accordingly.
3. Some Arkansas circuits require separate “Affidavit of Indigency” forms—check local administrative orders.]

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