What does a motion to modify bail?

Asked over 1 year ago - Rockford, IL

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

Attorney answers (4)

  1. Joshua Sachs

    Contributor Level 19

    11

    Lawyers agree

    1

    Answered . 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."

  2. William A. Jones Jr.

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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. Judy A. Goldstein

    Contributor Level 20

    7

    Lawyers agree

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

    No photo
    Asker
    Posted over 1 year ago.

    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, Criminal Defense Attorney - Evanston, IL
    Posted over 1 year ago.

    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.

  4. Raymond George Wigell

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,490 answers this week

3,163 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,490 answers this week

3,163 attorneys answering