Description
The following questionnaire is designed principally for counsel’s use in obtaining from a client information pertinent to the amount of bail that should be set. Counsel can, however, easily convert the questionnaire into a form that can be notarized and submitted to a magistrate or judge in support of an application for bail in a manageable amount or for reduction of bail or for release on nominal bail or on recognizance, as is appropriate. Of course, caution must be observed not to use the form in this fashion if a client’s answers may supply incriminating information or investigative leads that are not already known to the police and the prosecution. The same caution suggests that ordinarily the details of the charged offense should be obtained from the arresting or prosecuting officer, not from the defendant. See § 8.3.1 infra.
First Page
95
Source Publication
Trial Manual 11 for the Defense of Criminal Cases
Source Editors/Authors
Anthony G. Amsterdam, Randy A. Hertz
Publication Date
2026
Document Type
Chapter
Edition
11
Rights & Restrictions
CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/
Recommended Citation
Anthony G. Amsterdam & Randy A. Hertz,
Chapter 4's Bail Questionnaire § 4.5,
Trial Manual 11 for the Defense of Criminal Cases
95
(2026).
Available at:
https://gretchen.law.nyu.edu/tmdcc/9
