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What does a motion to modify bail?

Rockford, IL |

What does it mean when someone makes a "motion to modify bail?"

Attorney Answers 4

  1. The motion requests a modification of bail - usually for a reduction. The meaning of the words is pretty clear.

  2. I would have answered in exactly the same way Attorney Goldstein did based upon the question as stated. With the additional information from your comment to her question, it sounds like the Motion is one being filed by the state (prosecution). If thats the case then, for some reason, the state believes bond merits being increased. Sounds like he should be speaking with experienced criminal defense counsel, or if he already has counsel, consult with him or her.

  3. A defendant unable to make the bail set by the court might file a motion to modify in the hope of persuading the judge to set a lower bail. On the other hand, a prosecutor who does not want to see a defendant released might file a motion to modify asking the judge to increase the defendant's bail. "Modify" is simply another word for "change."

  4. If the government I.e. the prosecution requests the modification it is usually to increase the amount or add a condition or restriction to the defendant's bond requirement.
    If the defendant requests the modification it is usually to decrease the amount or to amend or eliminate a condition or restriction of the bond.

    Of course every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced attorney before acting.

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