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Bail bond laws are increasingly complex and this makes life hard for defendants after being arrested. The basic idea of a bail bond is to help an individual be free from jail while awaiting a trial for their alleged crime. A bail bond agency - like Future Bail Bonds - will provide a surety bond to cover the full cost of bail. Once this has been achieved, the defendant can go home and must attend all court appearances. 

However, things can change between being arrested and going to court. There may be something called a “motion off bond” that completely alters the situation. It might end with the defendant not needing to post bail at all or it could result in a higher bail amount being set. This is where things get complicated, so here’s a full explanation of the meaning of motion off bond and what happens during the process. 

What Does Motion Off Bond Mean?

Sometimes called the “motion to set aside bond”, this is a legal request put forward by a defendant, their attorney, or the prosecution. Its purpose is to alter or revoke the current bail bond conditions. 

This can have either positive or negative consequences for the defendant. For instance, a motion off bond could be put forward by an attorney, requesting the full bail amount is lowered. They must provide evidence to support this request and it could lead to the courts either wiping out bail entirely or setting a much lower amount. 

For some, this can be the difference between being able to afford posting bail or having to suffer in a prison cell until the trial dates. Not everyone can afford bail bonds, even with different payment plans available. Getting a few thousand dollars knocked off the total suddenly makes a bond accessible. 

Key Reasons Motion Off Bond Can Happen

What forces the defense or prosecution to submit a motion off bond request? In the majority of circumstances, this process is enacted because there’s been: 

  • Changes to the defendant’s circumstances - New evidence could’ve been discovered to help the defendant’s case and reduce their crime from a felony to a misdemeanor or infraction. The court could review this and reduce the bail amount to reflect it. If the individual didn’t post bail before this, they may now be able to. If they did, then the difference between the old and new bail will be refunded. 
  • An official request to lower or revoke the bail bond - This usually comes from the defendant’s attorney. They may collect evidence or information backing up their client and proving their bail is excessively high. Remember, bail is set based on the severity of the crime and a person’s criminal record. Proving that the defendant has a clean background and is a valued member of society can result in the courts revoking bail and releasing them for free. 
  • A violation of the bond’s terms & conditions - When posting bail and getting a bail bond, defendants agree to follow specific terms and conditions. This will always include attending court appearnces, but may also involve things like being under house arrest, not driving while released on bail, not traveling outside city limits, etc. If the defendant is found guilty of violating these terms, the prosecution can submit a motion off bond to revoke the current bail and get them sent back to jail. This will typically be followed by a new bail of a much higher amount. 

Benefits Of Submitting A Motion Off Bond Request

Submitting a motion off bond request can be a smart idea if you or someone you know has been arrested. As noted previously, it can result in either of the following: 

  • Revoking the bail bond entirely and being set free
  • Reducing the amount someone has to pay to post bail

In either situation, this is highly beneficial for you or your loved one. It’s a good idea to work with a qualified attorney during this situation as they can assess your case and put a plan in action. This will include gathering as much evidence as possible to submit the motion off bond request and have it taken seriously. 

There’s no guarantee the courts will accept it, but if they do it can help you or a loved one get released from custody - at least until their trial is over. We must note it’s incredibly rare someone will have their bail completely removed. What’s more likely to happen is the bail amount is adjusted, so it’s easier to pay for a bail bond. Regardless, this will still save you and your family a lot of money. 

Things To Consider About Motion Off Bond Requests

If you are the person submitting a motion off bond request, the main considerations will revolve around your case and what evidence you can amass. You must prove that the existing bail amount is unfairly high - this will involve finding evidence to support any claims you’ve been arrested for the wrong crimes, providing a positive history of your life in the community, and so on. Do whatever you can to show the court the current conditions are unfair and must be adjusted. 

You should also avoid having a motion off bond request put in by the prosection. This is extremely easy as all you must do is follow the bail terms and conditions. Follow all rules set out after being released from jail and there will be no reason for the court to put in a request like this. 

Get Help With Bail Bonds Today

Motion off bond requests are confusing - but they don’t have to be! If you need help or guidance understanding bail bonds and the legalities surrounding them, don’t hesitate to contact us today. We’ll provide as much assistance as possible and can help you secure an affordable bail bond to get out of jail ASAP.