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Unusual Bond Motion

by merlin on April 24th, 2014
  • Sumo

This redacted form is here because it pursues an unusual format – rather than denying things and demanding rights, this one is an example of a genuine request for clemency. This was prompted after a client’s existing bond was revoked (though we had been to Court several times, the warrant for his arrest had not been executed, and was unknown to us).  Hopefully, the brief in support will be finished shortly, and can be posted to supplement it.

NEW MOTION FOR BOND

COMES NOW Defendant XXXXX XXXXX XXXXX, by and through undersigned counsel after having been placed under arrest for alleged but unproven violations which arose shortly after his prior arrest and for which no bond has been set, and respectfully requests that this Court be moved by basic human compassion and set reasonable bond for him pending the disposition of this case, such that he does not remain incarcerated while his mother dies. In support of this motion, Defendant humbly shows the Court the following:

1.

Defendant was arrested on or about XXXXX XX, 2013, in a traffic stop in XXXXX, Georgia. Bond was set by this Court for him in the amount of $XX,XXX. However, he subsequently violated his bond in two specifics – he used methamphetamine while on bond, in violation of his bond conditions, and he subsequently failed to appear for continued pretrial monitoring after they had received a “dirty” test result from him. Due to the repeated failure of law enforcement personnel to arrest him, despite a pretrial warrant being issued for him, he continued to remain unaware of the warrant for his arrest despite repeated Court appearances during that time, and it was not until XXXXX XX, 2014, that he was again incarcerated. He has remained imprisoned since that time.

2.

Defendant XXXXX XXXXX XXXXX does not contest that he used the substance methamphetamine in violation of the terms of his bond. An addictive drug is, by its nature, addictive. However, the failed drug test which prompted the bond revocation now before the Court occurred in XXXXX of 2013. Even though some time passed before his re-arrest, Defendant has remained incarcerated without bond or charges of any kind since, and it has been over a month. At the time of his re-arrest, his mother had just been diagnosed with terminal cancer, and cannot afford to have medication or treatment, nor does she have any insurance. For XXXXX XXXXX to remain incarcerated so near to his mother while she dies, when he is not a flight risk, does not have an extensive criminal history, and is no longer addicted to the illegal drug that led to his bond revocation is an unspeakably cruel act by the criminal justice system and goes far beyond its mandates.

3.

Section 17-6-1 of the Official Code of Georgia reads as follows:
(c) (1) In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26 or 17-4-62, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 30 days after receipt of such notice.
(2) In the event a person is detained in a municipal jail for an offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section for a period of 30 days, the municipal court shall notify the superior court in writing within 48 hours that the arrested person has been held for such time without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and set a date for a hearing on the issue of bail within 30 days after receipt of such notice.
(3) Notice sent to the superior court pursuant to paragraph (1) or (2) of this subsection shall include any incident reports and criminal history reports relevant to the detention of such person.

That Code section goes on to state in subsection (d) that “[a] person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section [the offenses with which Defendant is charged meet this definition] may petition the superior court requesting that such person be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after receipt of such petition.”
The hearing date for the revocation of Defendant’s bond has been set for XXXXX, XXXXX XX, by the Office of the District Attorney. This motion is made pursuant to the above Code section.

4.

Section 17-6-1(e) authorizes a court to release a criminal Defendant on new bail “if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and
(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.”

As has been stated already, this Motion is presented and the mercy of the Court is respectfully begged for because Defendant’s mother is dying of cancer. He is unlikely to flee the jurisdiction, and appeared in court repeatedly during the time he had allegedly absconded. As his pretrial release supervisor matter-of-factly advised counsel for Defendant, “XXXXX County dropped the ball”. Defendant does not seek harm to any person or thing in the community, has been incarcerated for a long enough period of time that the danger of re-indulgence in an addictive drug is minimal, and has no history of perpetrating other felonies that might indicate his propensity to violate either conditions (3) or (4) above.

5.

The Court may be assured Defendant, if allowed to bond, will neither flee not go into hiding, but will respond to all orders of this Court.  He did not flee before, and he did not go into hiding. If he had been ordered to perform an act by the Court, he would certainly have done so.

WHEREFORE, Defendant respectfully prays that his request for bond be granted at a hearing on this issue, and for counsel for the State to show cause why bond should not be granted. More importantly, Defendant prays for the mercy of the Court in this time of his need.

Respectfully submitted this XXrd day of XXXX, 2014.

_________________________
MERLINUS MONROE
Attorney for XXXXX XXXXX
MERLINUS GOODMAN MONROE, LLC
Attorney and Counselor At-Law
Post Office Box 2686
117½ Bradford Street, Suite 9
Gainesville, Georgia 30503
TELEPHONE: (678) 450-9743
FACSIMILE: (678) 828-5789
FACSIMILE SERVICE NOT ACCEPTED
www.merlinusmonroe.com

 Apologies for the formatting errors in this entry!

 

 

 

 

 

 

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