What Is a Motion to Modify Bond Conditions

Applications to change the bond are made after the bond has been heard and before a hearing or hearing date. However, after your initial hearing, you or your lawyer will need to file a motion to change the terms of your bond. If you don`t have a lawyer, the court will classify you as a “pro se litigant.” If you are representing yourself, you must have the legal skills and knowledge to request a change in the terms of the bond. For example, you might have a binding condition that you are not allowed to use alcohol or illegal drugs. If you work in a restaurant that serves alcohol, the condition can be problematic to continue working. However, the court may be willing to add an exception to the order that allows you to travel to your workplace to continue your employment. Your first court appearance will likely be a Bond hearing. You do not need to apply to have this first hearing. Everyone is entitled to a timely bail hearing, so you don`t have to apply for your first bail determination. First of all, you need to understand that, regardless of the circumstances, you should never violate a judge`s order. The only way to change this order is for a judge to change it. You cannot modify an order unilaterally. You can`t start contacting even if the alleged victim in the case calls you, texts you, or contacts you 90 times an hour.

The victim is not under a restraining order – you are. It is therefore you who could get into trouble with the courts and the judge because he does not respect the terms of your commitment. You can have your bail revoked and go to jail if you disobey a judge`s orders. If you are facing a charge of domestic violence in the Supreme Court, the judge may have ordered at your hearing as a condition of your seizure that you have no contact with the victim in the domestic violence case. Since your arrest, things may have changed drastically and you and your wife, girlfriend or partner are ready to live together again. The victim in the case may not even want to lay criminal charges. The incident may have been a one-time event and does not represent how you and your loved one usually continue in your relationship. The incident could be a bad night with too much alcohol.

Similarly, the court may order you to take blood alcohol tests every day or week at a certain time. Tests can also be randomized. Attending a court-ordered audit can be extremely problematic for the fulfillment of professional and personal obligations. These are the kinds of things that can be addressed when the court is asked to change the terms of the bond. Those whose bail terms are no longer feasible due to a change in circumstances should remember that until the court grants the request to change the terms of the bond, they must continue to comply with the existing bond conditions. Failure to do so may result in re-arrest, loss of reserved bail and other negative consequences. The judge will usually rule on the application at this hearing and will ask each party to prepare a written order to dismiss or approve the application. Sometimes the judge needs time to reflect on his decision. If this happens, the request is made “in consultation”.

At a later date, the judge will inform both parties (the defendant and the state) of the judge`s decision. If the defendant`s claim is granted, the defendant may have contact with the victim. If the defendant`s claim is rejected, the defendant may have no contact with the victim. On the date of the trial, the defendant or his lawyer will explain orally to the court and the prosecutor`s office what the defendant needs (the defendant requests contact with the victim and the reasons for it). Comes Now, the defendant in the above case, through and through the undersigned reference prosecutor, and requests this honorable court to change the terms of their relationship. In support of its application, the defendant respectfully submits the following to this honourable court: 1. On 29 September 2016, the defendant obtained a signature guarantee obliging it to participate in a programme ——————. 2.

The defendant is —————. throughout the United States 3. The respondent is unable to complete 24 consecutive domestic violence intervention courses and travel to find employment. THEREFORE, the respondent respectfully requests that the terms of his liaison be amended so that he can enter into a consultation on the instructions of a licensed clinical psychiatrist […].

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