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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

Posted

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

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2 comments

Asker

Posted

okay, modify what though? I assuming the amount of bail? I don't have a law degree, I wouldn't know for sure. The person is not in jail, bail was posted over 2 months ago, why would someone motion to "modify bail"?

Joshua Sachs

Joshua Sachs

Posted

If the prosecutor is getting information that the defendant is screwing up while out on bail, for instance by getting arrested for something else, then you might see a motion from the State to increase or revoke bail.

Posted

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.

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Posted

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."

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Asker

Posted

Do you have any idea's as to why the defendant would file a motion to modify bail, after being out for almost 2 months. The ROA under the Full Court Enterprises doesn't say anything about the prosecution filing anything since the persons last court date, other than - Dismiss/Superseded by Indictment or Information.

Joshua Sachs

Joshua Sachs

Posted

That might mean that the defendant was originally charged with a misdemeanor and that the prosecutor has now replaced the misdemeanor charge with a felony, either by going to the grand jury for an indictment or by charging the felony directly by information, which is a charge brought on the prosecutor's own authority without going through the grand jury. Either way, the misdemeanor charge has been dismissed and replaced with the new, more serious charge. The change in the charge may be the basis for the proposed change in the bond. Just guessing here, but the docket entry you have given us makes that sound like a possibility.

Asker

Posted

Thanks a bunch!! you have really put that into wording that I can make sense of, I really appreciate it!!

Posted

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. www.waaltd.com

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