Alabama Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance

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US-02635BG
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Description

Recognizance is an obligation entered by a person before a court. Recognizer acknowledges or recognizes that he/she will do a specific act necessary by law. By doing so, a recognizer himself/herself obliged with a debt to the government. The obligation will be avoided if s/he satisfies certain conditions. Recognizance is common with regard to bail in criminal cases. Defendants are released on their own recognizance if bail bond is not set. In the U.S. it is termed as ROR meaning, "Release on Recognizance".


A court has the inherent power to deny bail to protect its processes and the community. Furthermore, it has been said that the primary inquiry is whether recognizance or a bond would secure the accused's appearance and submission to the court's jurisdiction and judgment. State v. Olson, 82 S.D. 605, 152 N.W.2d 176 (1967).


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Arraignment Process in Alabama An arraignment is your initial appearance in open court. Its purpose is to advise the defendant of their right to know the charges against them, as such, the judge formally reads the charge or charges to a defendant and asks the defendant how they plead.

It is a defense to a prosecution for any crime that, at the time of the commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his/her acts.

Ala. Code § 13A-5-13: Enhances penalties for a crime "the commission of which was shown beyond a reasonable doubt to have been motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability."

Property Bond - A property bond is when two or more property owners in Jefferson or Shelby County use their property to secure the defendant's release. The pledged property's unencumbered value must be equal to or above the amount required for the appearance bond.

Alabama courts use a set list of factors to set the amount of bond and the conditions of bond in a criminal case. The following factors are considered by the court: The age, background and family ties, relationships and circumstances of the defendant. The defendant's reputation, character, and health.

[Read Stand Your Ground Instruction if appropriate] - The defendant does not have a duty to retreat and has the right to stand his/her ground so long as he/she is justified in using deadly physical force and is not engaged in an illegal activity and is in a place where he/she has a right to be located.

(1) In ance with § 15-13-3(a), Ala. Code 1975, a defendant charged with capital murder is not eligible for bail if the court is of the opinion, on the evidence adduced, that he or she is guilty of the offense.

Section 13A-8-3 - Theft of property in the first degree (a) The theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another, constitutes theft of property in the first degree.

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Alabama Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance