Arkansas 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

Arkansas Law requires bail bond companies to charge and collect a ten percent premium on all bonds. It also provides there will be a $50.00 minimum on premium for any bond of $500.00 or less. The law also requires certain fees to be collected with every bond posted.

If you get arrested, you will first appear before a Magistrate. Usually, the Magistrate will grant a bond and you can be released from the jail. But if the Magistrate decides to not grant bond, you will remain in the jail. And if you don't do anything else, you will remain in jail until their trial date.

Court terms and conditions One of the conditions you must meet before a court grants your bail bond is an assurance that you will be living in your current address at least until your case is heard and determined. With such conditions, you will need the court's permission before leaving your state.

If the magistrate orders that a person be held without bond, that person will then be taken to the local jail and held there until their first court appearance. This usually happens within 1-3 days from when they were arrested.

If you use bail bond company, you will not get your money back or have what you paid the company credit toward your fines and fees. Additionally, bail bondspersons are not bound by the same rules as the police. For example, they might enter your home without a warrant if you fail to appear in court.

Under Arkansas law, every bail bond company must charge a premium of 10% of the total amount of the bond. Therefore, if the bond is $10,000, the premium would be $1,000.

If you use bail bond company, you will not get your money back or have what you paid the company credit toward your fines and fees. Additionally, bail bondspersons are not bound by the same rules as the police. For example, they might enter your home without a warrant if you fail to appear in court.

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