WMLCrRLJ 3.2 RELEASE OF ACCUSED (n) Domestic Violence Cases. A defendant arrested on domestic violence offences shall be detained without bail until arraignment on the next judicial day. Standard bail for domestic violence cases after arraignment shall be $1,000, but the court may reduce or increase the amount of bail in an individual case giving due consideration to the factors specified in CrRLJ 3.2. (p) In any case where bail has been required, such bail shall not be waived or reduced without a hearing at which the defendant shall be present. (r)(i) Cash deposited as bail is presumed to be the property of the accused regardless of who actually made such deposit. Such bail may be forfeited or applied to any fines and assessments. (p)(i) A payor may request a hearing pursuant to these rules by filing a request in person and in writing with the clerk of the court within 30 days of the entry of the order forfeiting such bail. Such payor shall have the burden of proving by a preponderance of evidence that the bail was either unjustly forfeited or that the funds were neither the property of nor a gift to the defendant. (p)(ii) At such hearing, the court may consider written evidence, properly presented, such as promissory notes or loan statements, but such evidence alone shall not be deemed decisive.
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