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.
An Arkansas Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document used in the state of Arkansas to request the court to reduce the amount of bail or release a defendant without requiring bail based on certain grounds. This affidavit is useful when a defendant is unable to afford the set bail amount and believes it is unfair or unjust, or when there are compelling reasons to release the defendant on their own recognizance. The affidavit should include relevant keywords such as: 1. Arkansas: The document is specifically related to the state of Arkansas, indicating that it pertains to the laws and regulations of this jurisdiction. 2. Affidavit: An affidavit is a sworn statement made under oath and serves as evidence in legal proceedings. 3. Motion: A formal request made to the court asking for a specific action to be taken. 4. Reduction of Amount of Bail: The primary purpose of this affidavit is to seek a reduction in the bail amount set for a defendant. This occurs when the defendant cannot afford the bail or believes it is excessive or unfair. 5. Release of Defendant on Own Recognizance: In some cases, the defendant may request to be released without posting any bail, known as "personal recognizance." This indicates that the defendant will attend all court proceedings without any financial obligations. 6. Keywords related to specific grounds or reasons for requesting a reduction or release: While not specifically in the title, it is important to include relevant keywords such as financial hardship, community ties, prior record, employment status, family responsibilities, or any other factors that may support the request for a reduction in bail or the release on own recognizance. Types of Arkansas Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance might include: 1. Affidavit for Reduction of Amount of Bail: This type of affidavit is used when the defendant seeks a reduction in the bail amount set by the court due to financial reasons or other justifiable grounds. 2. Affidavit for Release of Defendant on Own Recognizance: In this case, the defendant requests to be released without bail based on various factors such as their strong community ties, minimal flight risk, or lack of prior criminal records. 3. Combined Affidavit for Reduction of Amount of Bail or Release on Own Recognizance: This variation combines both types of requests in a single affidavit, allowing the defendant to request either a reduction in bail or release without bail, depending on the court's discretion. It is essential to consult with a qualified attorney or legal professional who can provide guidance on how to properly draft an Arkansas Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance, as requirements and specific language may vary based on the jurisdiction or court involved.
