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Affidavit in Support of Motion for Reduction of Amount of Bail or...

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

Q: How do I get my bond money back in Arizona?

As long as the defendant shows up when they&#039;re summoned, the bail bond will be dissolved when the case ends. All collateral will be given back (except for the bond agent&#039;s fee). If the defendant fails to appear in court, such action results in the forfeiture of the bail bond.

Category:

Affidavits - Criminal

State:

Multi-State

Control #:

US-02635BG

Format:

Instant download

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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How to fill out Affidavit In Support Of Motion For Reduction Of Amount Of Bail Or Release Of Defendant On Own Recognizance?

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FAQ

In Arizona, the bail bond hearing, also known as a release hearing, is the court appearance where a defendant can ask the court to reduce bail or other terms of pre-trial release that were imposed during the defendant's arraignment. The court will weigh several factors in reconsidering the release conditions.

Secured Bonds A secured appearance bond is an amount of money that the person must put up before being released. Contrast that to the unsecured bond, which does not require the person to ever post the bond unless they fail to appear.

Bail is what allows a person who has been arrested to remain out of jail while their case is pending. If a defendant is released on bail and makes all their legally required court appearances, the bail money will be returned.

A judge decides on a set dollar amount, which must be paid to guarantee the defendant appears at their future court date. However, when individuals fail to make their following court date, the judge may issue a ?Bond Forfeiture Hearing,? where they decide whether the state should keep the defendant's money.

?No Bond? Definition A no bond status signifies that an individual is not eligible for release from county jail through the payment of bail, as a judge has not set a bail amount. The arrested person will remain in custody until a judge potentially sets bail at a later hearing or the case concludes.

As long as the defendant shows up when they're summoned, the bail bond will be dissolved when the case ends. All collateral will be given back (except for the bond agent's fee). If the defendant fails to appear in court, such action results in the forfeiture of the bail bond.

[Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.]