Sample Bail Bond Related Criminal Law Motions

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A list of common motions filed in a criminal case related to the bail bond are provided. Six sample motions are provided that a prosecutor may typically file. Seven sample motions are provided that a defense attorney may typically file over the span of a typical criminal case.

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Sample Bail Bond Related Criminal Law Motions

  1. 1. Criminal Procedure: Sample Bail Bond Related Motions Partida for the People
  2. 2. This material on the criminal law is intended to provide a general background of knowledge and information. Nothing in this material establishes a lawyer- client relationship. You should always consult with an attorney in a private session before taking any action on any information I have provided. Every criminal proceeding is different. Professional guidance and representation should always be sought and obtained. © 2014 Partida for the People. All rights reserved.
  3. 3. Table of Contents Prosecution Motions Additional Conditions of Bond 5 Bail Forfeiture 6 Increase Bail EHM Violation 8 Increase Bail EHM & Warrant 12 Increase Bail New Misdemeanor Offense 16 Revoke Bail New Forcible Felony 19 Defense Motions Reduce Bail (Long Form) 22 Bail Forfeiture (Short Form) 25 Modify Bail 26 Modify Bail to Return Driver’s License 28 Modify EHM 30 Exonerate Bail 31 Attorney Fees After Trial 32 © 2014 Partida for the People. All rights reserved
  4. 4. INSTRUCTIONS TO JAILER: RETURN ORIGINAL SIGNED COPY TO STATE’S ATTORNEY’S OFFICE FOR FILING WITH THE CIRCUIT CLERK’S OFFICE IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS, ) Plaintiff, ) ) vs. ) Case No. 14 CM ________ ) ) _____________________________, ) Defendant. ) ADDITIONAL CONDITIONS OF BOND This matter coming before this Court for setting of bail on ____/____/14 and the Defendant present and being advised of his/her rights herein, and in addition to conditions of bail established by the order of remand and/or by the bail bond form, it is further ordered: 1. The Defendant is to have no contact or communication, direct or indirect, with the victim, _____________________________________________. 2. The Defendant is not to be or go within 150 feet of the residence of said victim, that address being: ______________________________ ______________________________ ______________________________. 3. The Defendant is not to possess any firearm. 4. These orders remain in effect until further order of Court. ____/____/14 ___________ ________________________ Date Time/ A.M. Judge *************TO BE COMPLETED BY DEFENDANT & JAILER************* I understand and acknowledge receipt of true and accurate copy of these additional bond conditions. Signed:________________________ Defendant ____/____/14 ___________ ________________________ Date Time/ A.M. Jailer
  5. 5. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) MOTION TO FORFEIT BOND Now comes the Plaintiff, the People of the State of Illinois, by and through their State’s Attorney, ELECTED OFFICIAL, by his Assistant, Samuel Partida, Jr., and pursuant to 725 ILCS 5/110-7(g), moves this Honorable Court to enter an order to forfeit bail and in support thereof states as follows: 1. That Defendant has deposited, with the clerk of the court, $8,000 as bail security as indicated on his bail bond; 2. Defendant’s bail bond certifies that Defendant acknowledged receiving a copy of the bail bond; 3. Further, Defendant’s bail bond certifies that Defendant understood that if released on bond and Defendant failed to appear in court when required by the court, the result would be forfeiture of the security money posted, issuance of a warrant for Defendant’s arrest, and the depositing of additional bond; 4. That the court required Defendant to appear in court on August 3, 2013 & August 31, 2013, and Defendant failed to so appear. WHEREFORE the People of the State of Illinois respectfully request that this Honorable Court enter an order declaring the bond forfeited. Respectfully submitted, ELECTED OFFICIAL State’s Attorney of Kane County By: _______________________________ Samuel Partida, Jr. Assistant State’s Attorney File Stamp
  6. 6. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) DECLARATION OF BOND FORFEITURE This cause coming to be heard upon the application of the State for the entry of a declaration of forfeiture of bond, and the Court being fully advised in the premises pursuant to 725 ILCS 5/110-7(g), finds: 1. That the defendant did not comply with the conditions of his bail bond in that he failed to appear in Court when so required. 2. That the defendant’s bail security deposited with the clerk of the court shall be forfeited instanter. 3. That notice of this forfeiture shall be sent to the defendant. 4. That the defendant shall appear and surrender to the court within 30 days. 5. That if the defendant does not appear within 30 days of the date of forfeiture, then a judgment may enter against the defendant in the full amount of the bond plus costs and fees. ____/____/____ ____________________________________ JUDGE File Stamp
  7. 7. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) MOTION TO INCREASE BAIL & REVOKE EHM NOW COMES the PEOPLE OF THE STATE OF ILLINOIS, by and through their Attorney, ELECTED OFFICIAL, by his Assistant, Samuel Partida, Jr., and moves this Honorable Court, pursuant to 725 ILCS 5/110-6(b), to increase the bail of the defendant and revoke electronic home monitoring, in support states as follows: 1. Defendant is charged with Burglary (class 1 Felony). 2. On July 27, 2006, Defendant’s bail was originally set at $40,000 (10% to apply). 3. On August 23, 2006, Defendant’s motion to reduce bail was granted and Defendant was released on his personal recognizance; additionally the court ordered, as a condition of bond, that the Defendant be placed on Electronic Home Monitoring (EHM). 4. That 725 ILCS 5/110-6(b) provides for the increase of bail when defendant violates the conditions of 725 ILCS 5/110-10 or any special conditions of bail as ordered by the court; section 110(b)(14) provides that the court may order a defendant be placed in a pretrial bond home supervision capacity with an electronic monitory device. 5. Between August 24, 2013 and September 20, 2013 Defendant was on EHM. Exhibit 2 through Exhibit 7 outline repeated violations of EHM. 6. Since September 28, 2013 Defendant has not been home during probation officer home visits, he has been uncooperative with probation officers in reestablishing EHM, and he is currently not on EHM. See Exhibit 8 & Exhibit 9. WHEREFORE, the PEOPLE OF THE STATE OF ILLINOIS respectfully request that this Honorable Court enter an order increasing Defendant’s bail and revoking his EHM. File Stamp
  8. 8. Respectfully submitted, ELECTED OFFICIAL Kane County State’s Attorney BY:______________________________________ Samuel Partida, Jr. Assistant State’s Attorney ELECTED OFFICIAL State’s Attorney of Kane County, Illinois Kane County Judicial Center 37W777 Route 38, Suite 300 St. Charles, IL 60175 (630) 232-3500
  9. 9. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) AFFIDAVIT Affiant does affirm and state as follows: 1. That she is employed as a Kane County Court Service’s probation officer; 2. That she is assigned to monitor Defendant’s compliance with pretrial conditions including compliance with electronic home monitoring; 3. That all of the allegations in the attached Motion and exhibits are true and accurate to the best of his knowledge. Further Affiant Sayeth Naught __________________________ Affiant (Assigned Probation Officer) Subscribed and Sworn before me This _____ day of ___________ __________________________ Notary Public File Stamp
  10. 10. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) AFFIDAVIT Affiant does affirm and state as follows: 4. That he is employed as an Assistant State's Attorney in the Office of the Kane County State's Attorney; 5. That he is assigned to prosecute the above cause; 6. That he has received information from adult court services, electronic home monitoring regarding the allegations against defendant; 7. That electronic home monitoring is assigned to monitor Defendant’s compliance with pretrial conditions including compliance with electronic home monitoring; 8. That all of the allegations in the attached Motion and exhibits are true and accurate to the best of his knowledge. Further Affiant Sayeth Naught __________________________ Affiant (Assigned SAO) Subscribed and Sworn before me This _____ day of ___________ __________________________ Notary Public File Stamp
  11. 11. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) MOTION TO INCREASE BAIL AND TO ISSUE WARRANT NOW COMES the PEOPLE OF THE STATE OF ILLINOIS, by and through their Attorney, ELECTED OFFICIAL, by his Assistant, Samuel Partida, Jr., and moves this Honorable Court, pursuant to 725 ILCS 5/110-6(b) & (e), to increase the bail of the defendant and to issue a warrant commanding any peace officer to bring the defendant before the court, in support states as follows: 1. Defendant is charged with Criminal Damage to State Supported Property (class 3 Felony) in 06 CF 1856. 2. On July 22, 2006, Defendant’s bail was originally set at $20,000 (10% to apply). 3. On August 4, 2013, Defendant’s motion to reduce bail was granted and Defendant was released on his personal recognizance; additionally the court ordered, as a condition of bond, that the Defendant be placed on Electronic Home Monitoring (EHM). 4. That 725 ILCS 5/110-6(b) provides for the increase of bail when defendant violates the conditions of 725 ILCS 5/110-10; section 110(b)(14) provides that the court may order a defendant be placed in a pretrial bond home supervision capacity with an electronic monitory device. 5. That 725 ILCS 5/110-6(e) provides that the court may issue a warrant upon verified application by the State stating facts or circumstances constituting a violation. 6. On August 13, 2013, Defendant absconded with the EHM equipment. See attached Court Services report. WHEREFORE, the PEOPLE OF THE STATE OF ILLINOIS respectfully request that this Honorable Court enter an order increasing the bail and issuing a warrant in the above matters. File Stamp
  12. 12. Respectfully submitted, ELECTED OFFICIAL Kane County State’s Attorney BY:______________________________________ Samuel Partida, Jr. Assistant State’s Attorney ELECTED OFFICIAL State’s Attorney of Kane County, Illinois Kane County Judicial Center 37W777 Route 38, Suite 300 St. Charles, IL 60175 (630) 232-3500
  13. 13. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) AFFIDAVIT Affiant does affirm and state as follows: 1. That she is employed as a Kane County Court Service’s probation officer; 2. That she is assigned to monitor Defendant’s compliance with pretrial conditions; 3. That on 8/13/13 at 2227 hours, the defendant went out of range. This out or range was without authorization form EHM. At 711 hours on 8/14/13 this officer called the defendant’s home phone and father’s cell phone and received no answer. At 728 hours on 8/14/13, this officer received a phone call from the defendant’s father stating that his son “ran last night.” The defendant’s father stated he has “no clue” where his son would have gone. The defendant’s father told this officer that his son absconded with his work cell phone. 4. That all of the allegations in the attached Motion are true and accurate to the best of his knowledge. Further Affiant Sayeth Naught __________________________ Affiant (Assigned SAO) Subscribed and Sworn before me This _____ day of ___________ __________________________ Notary Public File Stamp
  14. 14. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) MOTION TO INCREASE BAIL NOW COMES the PEOPLE OF THE STATE OF ILLINOIS, by and through their Attorney, ELECTED OFFICIAL, by his Assistant, Samuel Partida, Jr., and moves this Honorable Court, pursuant to 725 ILCS 5/110-6(b), to increase the bail of the defendant and in support states as follows: 1. Defendant is charged with Aggravated Fleeing and Eluding a Police Officer (class 4 felony) in 13 CF 9999 and Retail Theft (class 3 felony) in 13 CF 9998. 2. On 12/29/13, Defendant’s bail was originally set at $15,000 (10% to apply) in 13 CF 9999 and $5,000 (10% to apply) in 13 CF 9998. 3. On, 1/12/13, Defendant’s motion to reduce bail was granted and bail was set at $3,750 (10% to apply) for each file. 4. On 1/23/13, Defendant posted $350 in each of the above matters ($700 total) and was released. 5. That 725 ILCS 5/110-6(b) provides for the increase of bail when defendant violates the conditions of 725 ILCS 5/110-10; section 110(a)(4) provides that the conditions of bail bond shall be that Defendant will not violate any criminal statute of any jurisdiction. 6. While on bond in the present matters, on 3/22/06, Defendant committed Criminal Trespass to a Vehicle, in violation of the 720 ILCS 5/21-2 of the Illinois criminal code. WHEREFORE, the PEOPLE OF THE STATE OF ILLINOIS respectfully request that this Honorable Court enter an order increasing the bail on the above matters. File Stamp
  15. 15. Respectfully submitted, ELECTED OFFICIAL Kane County State’s Attorney BY:______________________________________ Samuel Partida, Jr. Assistant State’s Attorney ELECTED OFFICIAL State’s Attorney of Kane County, Illinois Kane County Judicial Center 37W777 Route 38, Suite 300 St. Charles, IL 60175 (630) 232-3500
  16. 16. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) AFFIDAVIT Affiant does affirm and state as follows: 1. That he is employed as an Assistant State’s Attorney in the Office of the Kane County State’s Attorney; 2. That he is assigned to prosecute the above mentioned case; 3. That all of the allegations in the attached Motion are true and accurate to the best of his knowledge. Further Affiant Sayeth Naught __________________________ Affiant Subscribed and Sworn before me This _____ day of ___________ __________________________ Notary Public File Stamp
  17. 17. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA, ) ) Defendant. ) MOTION TO REVOKE BAIL NOW COMES the PEOPLE OF THE STATE OF ILLINOIS, by and through their Attorney, ELECTED OFFICIAL, by his Assistant, Samuel Partida, Jr., and moves this Honorable Court, pursuant to 725 ILCS 5/110-6(f), to revoke the bail of the defendant and hold the defendant for bail hearing, and in support states as follows: 1. Defendant is charged with Residential Burglary and Possession of Burglary Tools. 2. Defendant was released on bond after posting through a surety $35,000 on 4/26/10. 3. That 725 ILCS 5/110-6(f) provides that the court shall revoke the defendant’s bail on the State’s or the court’s own motion where the alleged violation of bail consists of a forcible felony. 4. That 720 ILCS 5/2-8 defines a forcible felony as an aggravated battery resulting in great bodily harm or permanent disability or disfigurement. 5. While on bond in the present matter, Defendant violated the conditions of bail by violating the criminal statute, Battery 720 ILCS 5/12-3(a)(1), while in Cook County, Illinois. 6. During the commission of the battery in Cook County, the victim experienced great bodily harm. WHEREFORE, the PEOPLE OF THE STATE OF ILLINOIS respectfully request that this Honorable Court enter an order, for now, revoking bail and set the above matter for bail hearing. File Stamp
  18. 18. Respectfully submitted, ELECTED OFFICIAL Kane County State’s Attorney BY:______________________________________ Samuel Partida, Jr. Assistant State’s Attorney ELECTED OFFICIAL State’s Attorney of Kane County, Illinois Kane County Judicial Center 37W777 Route 38, Suite 300 St. Charles, IL 60175 (630) 232-3500
  19. 19. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) ) JOHNNY DOE GARCIA. ) ) Defendant. ) AFFIDAVIT Affiant does affirm and state as follows: 1. That he is employed as an Assistant State’s Attorney in the Office of the Kane County State’s Attorney; 2. That he is assigned to prosecute the above mentioned case; 3. That all of the allegations in the attached Motion are true and accurate to the best of his knowledge. Further Affiant Sayeth Naught __________________________ Affiant Subscribed and Sworn before me This _____ day of ___________ __________________________ Notary Public File Stamp
  20. 20. Page 1 of 3 IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 14 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE ) ) Defendant. ) MOTION TO REDUCE BAIL NOW COMES DEFENDANT by his attorney, SAMUEL PARTIDA, JR., pursuant to 725 ILCS 5/110-6(a), moves this Honorable Court to enter an order reducing Defendant’s bail. In support consider: 1. That Defendant’s bail in this matter is set at $90,000 (10%) to apply. It is not possible for Defendant or his family to meet the required bail. 2. Defendant is 29 years old and has resided in Kane County for his entire life. 3. If Defendant is released on a reasonable bail, Defendant will live with his family. 4. Defendant currently resides at 123 Main Street, Common Town, IL, where Defendant has lived for 9 years. If released upon reasonable bail, Defendant would remain within the jurisdiction of this Court at the above address and would appear in court each and every time so ordered. 5. Defendant is married and has provided for his spouse and 3 children for 10 years. Defendant’s youngest child is 3 years of age and has been diagnosed with epilepsy. If Defendant remains in custody Defendant will lose Defendant’s employment, and Defendant’s family would be without financial and medical support. 6. Defendant has been employed at Big Company, Inc. for a period of 8 years where Defendant works as a manager and has been steadily and reliably employed. 7. Defendant has never forfeited a bond. 8. Defendant assures the Court that Defendant will provide the Court, and attorney, with a current address at all times while this case is pending, so that notices may be sent to Defendant. File Stamp
  21. 21. Page 2 of 3 9. The amount of bail was determined without consideration of past criminal acts or conduct of the Defendant, who has no record of any convictions, felony or misdemeanor, nor any arrests or convictions for violent behavior. 10. Bail has been set in this cause in an amount that is excessive in that Defendant lacks the funds or means to meet the financial requirements of the set bail without due regard for the provisions of 725 ILCS 5/110-2. 11. Immediately following the incident, Defendant voluntarily surrendered to the police and did not flee nor attempt to hide from authorities. The present case does not involve an offense for which a sentence of life imprisonment or death penalty is sought by the State should Defendant be convicted of the offense for which he is presently charged. 12. The Offense with which the Defendant is charged provides for the possibility for probation, if Defendant were found guilty at trial. 13. 725 ILCS 5/110-5(b) provides that the amount of bail will be: (a) sufficient to assure compliance with the conditions set forth in the bail bond; (b) not oppressive; and (c) considerate of the financial ability of the accused. 14. The Defendant, being a person of limited income, could not afford a forfeiture of any realty or cash deposited with the Clerk of this Court without irreparably damaging and endangering the future financial stability of himself and his family. 15. Under the Illinois bail provisions, the determination of the amount of bail and conditions of release require the court to take into account the nature and circumstances of the offense charged, the condition of the victim, the likelihood of filing of a greater charge, the weight of the evidence against the defendant, the defendant’s family ties, employment, financial resources, character, past conduct, length of residence in the community, record of convictions, flight to avoid arrest or prosecution, escape or attempted escape to avoid arrest, or any record of a failure to appear at court proceedings. 725 ILCS 5/110-5. 16. The bail previously set is far beyond the financial means of Defendant and his family.
  22. 22. Page 3 of 3 17. The amount of bail previously set is not commensurate with the nature of the offense charged in that that the charges involved do not include any violence or danger of violence to any person or person, nor to their property, nor do the police reports or the complaint mention any violence to any person or persons or to their property. 18. By application of these standards to the present case, it is submitted that the present bond is excessive and unreasonable. Nothing in the background, history, or character of the defendant, nor the circumstances of his arrest or the charged crime, suggest that Defendant must be incarcerated to ensure the safety of the community. The defendant is charged with forgery. There are no indications of any violent tendencies in his character and background. From the information provided at the initial bail hearing, it was determined that the offense alleged did not involve any acts of violence. 19. There are other factors that favor a substantial reduction in bail in this case. The defendant has strong family ties, not only to his parents and his brothers, but also to his own children and spouse. If released on bail, the defendant will be able to return to his place of employment and continue working while his case is pending. Additionally, Defendant’s three-year-old child suffers from epilepsy and requires consistent medical appointments and medication. WHEREFORE, Defendant respectfully requests that this Court enter an order reducing bail to a reasonable amount, within the financial ability of Defendant and his family. Respectfully submitted, By:________________________________ Samuel Partida, Jr. Attorney for Defendant
  23. 23. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE, ) ) Defendant. ) MOTION TO REDUCE BAIL NOW COMES DEFENDANT by his attorneys, SAMUEL PARTIDA, JR., pursuant to 725 ILCS 5/110-6(a), moves this Honorable Court to enter an order reducing Defendant’s bail. In support consider: 1. That Defendant’s bail in this matter is set at $60,000 (10%) to apply, which to Defendant is excessive, and Defendant lacks funds or other means to meet the financial requirements of this bail. 2. Defendant was arrested on 10/21/13, and has been in continuous custody since that date. 3. Defendant is 19 years old and has resided in Kane County his entire life; if released on reasonable bail, Defendant would reside at 123 Smith Street, Aurora, with his parents and within the jurisdiction of this court. 4. Defendant is single and has provided for his spouse and 3 children for 10 years. If Defendant remains in custody Defendant will lose Defendant’s employment, and Defendant’s family would be without financial support. 5. Defendant has been employed at Major Big Company for a period of 3 years where Defendant works as a manager and has been steadily and reliably employed. WHEREFORE, Defendant respectfully requests that this Court enter an order reducing bail to a reasonable amount, within the financial ability of Defendant and his family. Respectfully submitted, By:________________________________ Samuel Partida, Jr. Attorney for Defendant File Stamp
  24. 24. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE, ) ) Defendant. ) MOTION TO MODIFY BOND CONDITIONS NOW COMES DEFENDANT by his attorneys, SAMUEL PARTIDA, JR., pursuant to 725 ILCS 5/110-6(b)(14), moves this Honorable Court to enter an order modifying current bond conditions. In support consider: 1. Defendant is charged with Domestic Battery (class 4 Felony). 2. Defendant is currently ordered to have no contact with listed victim, his spouse, and is ordered to stay away from the family residence located at 1231 Main Ave, Small Town, IL 65555. 3. Since Defendant’s arrest in June of 2013, Defendant has stayed away from the residence as ordered. 4. Defendant has personal property in the form of clothes and personal effects and work related equipment that now is necessary for him to posses. 5. Defendant wishes to be allowed into his residence a single time, with police escort, so that he may retrieve said personal and work related property that he owns. WHEREFORE, Defendant respectfully requests that this Court enter an order modifying Defendants bond conditions as stated herein. Respectfully submitted, By:________________________________ Samuel Partida, Jr. Attorney for Defendant File Stamp
  25. 25. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE, ) ) Defendant. ) AFFIDAVIT Affiant does affirm and state as follows: 1. That he is a licensed attorney in the State of Illinois; 2. That he represents Defendant in this cause; 3. That he has received information from Defendant regarding information contained in the motion before the court; 4. That all information provided herein is true and accurate to the best of his knowledge. Further Affiant Sayeth Naught __________________________ Affiant Samuel Partida, Jr. Subscribed and Sworn before me This _____ day of ___________ __________________________ Notary Public File Stamp
  26. 26. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE ) ) Defendant. ) MOTION TO SET BAIL NOW COMES DEFENDANT by his attorneys, SAMUEL PARTIDA, JR., pursuant to 725 ILCS 5/110-6(a), moves this Honorable Court to enter an order allowing Defendant to post a cash bond and the return of his Driver’s License. In support consider: 1. That Defendant originally posted his Driver’s License in this matter. 2. Defendant is charged with driving under the influence of an intoxicating compound, under 625 ILCS 5/11-501(a)(3). 3. Currently, the State and defense are awaiting laboratory results which will more specifically identify the contents in Defendant’s blood stream at the time of his arrest. Defendant had a BAC of 0.00 at the time of his arrest. WHEREFORE, Defendant respectfully requests that this Court enter an order allowing Defendant to post a cash bond and order the Circuit to Return Defendant’s Driver’s License. Respectfully submitted, By:________________________________ Samuel Partida, Jr. Attorney for Defendant File Stamp
  27. 27. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE, ) ) Defendant. ) MOTION TO MODIFY EHM NOW COMES DEFENDANT by his attorneys, SAMUEL PARTIDA, JR., pursuant to 725 ILCS 5/110-6(b)(14), moves this Honorable Court to enter an order modifying the electronic home monitoring conditions that currently exist for Defendant. In support consider: 1. Defendant is charged with Unlawful Possession of a Controlled Substance with Intent to Deliver (class 1 Felony). 2. On July 8, 2011, Defendant’s bail was reduced and modified allowing Defendant to post $25,000 (10%) and be released to electronic home monitoring (EHM). 3. There have been no violations of EHM to date and Defendant has paid all EHM fees ordered. 4. Defendant lives with his extended family which includes his grandmother, who has recently been hospitalized and now requires nursing and or separate independent care that cannot be provided by Defendant at his home. 5. Therefore, Defendant prays that he be allowed to visit the General Name Retirement Community Center at Main Street in Small Town, IL 6555 and the Retirement Home Assisted Living Center, 3712 Elmwood Street in Big Town, IL 60543 on Saturday, December 10, 2013 between the hours of 9 am and 12 pm. WHEREFORE, Defendant respectfully requests that this Court enter an order modifying Defendants EHM conditions to allow for time for Defendant to place his grandmother inappropriate housing. Respectfully submitted, By:________________________________ Samuel Partida, Jr. Attorney for Defendant File Stamp
  28. 28. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE, ) ) Defendant. ) AFFIDAVIT Affiant does affirm and state as follows: 1. That he is a licensed attorney in the State of Illinois; 2. That he represents Defendant in this cause; 3. That he has received information from Defendant regarding information contained in the motion before the court; 4. That all information provided herein is true and accurate to the best of his knowledge. FURTHER AFFIANT SAYETH NAUGHT __________________________ Affiant Samuel Partida, Jr. Subscribed and sworn before me this ______day of ________________, 2012. ________________________________ NOTARY PUBLIC File Stamp
  29. 29. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE, ) ) Defendant. ) MOTION TO EXONERATE BAIL NOW COMES DEFENDANT by his attorneys, SAMUEL PARTIDA, JR., pursuant to 725 ILCS 5/110-6(a), moves this Honorable Court to enter an order exonerating Defendant’s bail. In support consider: 1. That Defendant’s bail in this matter is set at $25,000 (10% to apply), Defendant had posted the required bond. 2. Recently Defendant has been arrested and is currently in custody and being held in Kane County Case number 13 CF 9999 where the Bail has been set at $100,000 (10%). 3. There currently is no pending motion by the State to Revoke Bond in this matter. WHEREFORE, Defendant respectfully requests that this Court enter an order exonerating his bail in the current matter. Respectfully submitted, By:________________________________ Samuel Partida, Jr. Attorney for Defendant Samuel Partida, Jr. Attorney at Law 605 North Broadway Ave Aurora, IL 60505 (630) 457-1478 partidasam@gmail.com File Stamp
  30. 30. Page 1 of 2 IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS 13 CF 0000 PEOPLE OF THE STATE OF ILLINOIS, ) ) Plaintiff, ) ) vs. ) ) JOHN DOE, ) ) Defendant. ) MOTION FOR ATTORNEY FEES NOW COMES DEFENDANT by his attorneys, THE GIL LAW GROUP, P.C., pursuant to 725 ILCS 5/115-4.1(a), moves this Honorable Court to enter an order ordering the clerk of circuit clerk to refund available bail proceeds to attorneys for attorney fees. In support consider: 1. That Defendant is charged with Predatory Criminal Sexual Assault of a Child (X Felony) and Aggravated Criminal Sexual Abuse (2 Felony). 2. Defendant has posted $25,000 full cash bail in this matter. 3. Defendant has retained the professional services of The Greatl Law Group, P.C. for services and representation rendered not including evidentiary hearings nor trial fees. 4. Defendant did not have any other funds available for attorney fees, however, he agreed to apply bail proceeds towards these additional attorney fees. 5. Defendant failed to appear in court for his final pretrial conference hearing; and the court denied counsel’s motions to withdraw and to continue the trial until Defendant could be located and brought to trial. 6. The court ordered Defendant’s trial to proceed in absentia; said trial commenced to a full verdict from 9/9/13 to 9/11/13. 7. Defense counsel has incurred reasonable attorney fees in preparation for said jury trial including the issuance of a subpoena decus tecum for privileged material, hearing on State’s 115-10 hearsay statements, a motion to dismiss indictment, and finally preparation for jury trial. Numerous court appearances were required once evidentiary hearing preparation began. File Stamp
  31. 31. Page 2 of 2 8. Please consider Exhibit A, spreadsheet of costs and expenses. 9. 725 IlCS 5/115-4.1(a) provides that: “The court at the conclusion of all proceedings, may order the clerk of the court to pay counsel such sum as the court deems reasonable, from any bond monies which were posted by the defendant with the clerk, after the clerk has first deducted all court costs.” 10. 725 ILCS 5/110-7(h) provides, in part: “if the accused does not comply with the conditions of the bail bond the court…shall enter an order declaring the bail to be forfeited…If the accused does not appear and surrender…within 30 days of the forfeiture…the court shall enter judgment for the State…”. 11. “When two statutes conflict, the more specific statute controls that which is more general…In the context of this case, section 115-4.1(a) is considerably more specific than section 110-7(h)…In the present instance, therefore, section 115-4.1(a) being more specific than section 110-7(h) is controlling here.” People v. Maya, 457 N.E.2d 501, 503-04, 119 Ill.App.3d 961 (1st Dist. 1983). WHEREFORE, Defendant respectfully requests that this Court enter an order for attorney reasonable attorney fees from posted bail bond funds. Respectfully submitted, By:________________________________ Samuel Partida, Jr. Attorneys for Defendant Samuel Partida, Jr. Attorney at Law 605 North Broadway Avenue Aurora, IL 60505 Office: (630) 457-1478 Fax: (630) 906-0147

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