MOTION FOR REDUCTION OF BAIL

Rodney Brian Sorriell

Attorneys’ Business Address

City, ST ZIP Code

Phone | Fax

Email

Defendant in pro per

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF KERN

NOTICE OF MOTION FOR REDUCTION OF BAIL

You are notified that on _________________ (Date), at _____________(am/pm), or as soon thereafter as Defendant can be heard in the Superior Court of California for the County of Kern, Defendant will bring on for hearing his Motion for Reduction of Bail for the reasons stated in the attached Motion.

Dated this ____ day of April, 2022.

Respectfully Submitted,

____________________________________

Rodney Brian Sorriell

Defendant in pro per

Rodney Brian Sorriell

Attorneys’ Business Address

City, ST ZIP Code

Phone | Fax

Email

Defendant in pro per

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF KERN

NOW COMES Rodney Brian Sorriell, Defendant, and files this Motion for Reduction of Bail, and for cause would show this Honorable court as follows:

1. Defendant’s bail is currently set at $215,000. The amount is too high for Defendant and neither he nor his family has the ability to raise the amount.
2. California Constitution article 1, section 12, as amended by Proposition 4 in 1982 provides: “A person may be released on his or her own recognizance in the court’s discretion.” Penal Code Section 1270(a) provides that the court or magistrate, who could release a defendant from custody upon the defendant giving bail, may release a person arrested for or charged with an offense, other than a capital offense, on his own recognizance.
3. The court’s decision to release a defendant on his own recognizance is not an arbitrary decision to do abstract justice according to the popular meaning of that phrase, but it is a discretion governed by legal rules to do justice according to law.
4. Excessive bail may not be required. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case.
5. Based on Defendant’s insignificant criminal history and the substance of the case against him, bail as set is excessive. In light of the totality of circumstances, a substantial downward departure from bail as presently set is warranted.
6. Defendant avers that this Court should not consider pubic safety in determining the amount of bail.
7. “If bail is available, then bail must be fixed only in that amount necessary to guarantee the defendant’s appearance in court.” United States v. Salerno, 481 U.S. 753 (1987). As the United States Supreme Court has made clear, because securing attendance in court is the only function of bail where bail is available, consideration of other factors is violative of the Eighth Amendment to the United States Constitution.
8. Article 1, section 12(c) of the California Constitution allows the court to consider the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case in fixing bail.
9. “The portion of article 1, section 28(c) of the California Constitution relating to bail is inoperative as this section did not take effect because proposition 4 (amending article1, section 12) received more votes in the election.” In Re York, 9 Cal. 4^th 1133, 1140, n.4 (1995); People v. Barrow, 233 Cal. App. 3d 721, 723 (1991).
10. As such, Penal Code sections 1270, 1270.1 and 1275 which allow the consideration of public safety in fixing the amount of bail, are unconstitutional.

REASONS WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests this Honorable Court to grant this Motion and substantially reduce bail to $25,000.

Dated this ____ day of April, 2022.

Respectfully Submitted,

____________________________________

Rodney Brian Sorriell

Defendant in pro per

VERIFICATION

I, Rodney Brian Sorriell, being duly sworn depose and say that I have read the foregoing Motion for Reduction of Bail and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of April, 2022.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )