California 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

How Can You Revoke a Bond in California? Let the bail bond company know that you wish to revoke the bail bond agreement. The bail bond agency will inform the courts of your intentions. Advice the courts on where they can find the defendants so that they can be arrested.

California Penal Code § 118 PC defines the crime of perjury as when a person deliberately gives false testimony while under oath. A conviction is a felony punishable by probation, fines, and up to 4 years in jail or prison.

1020. All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be given in evidence under the plea of not guilty.

California Penal Code Section 1018 grants you the right to withdraw a guilty or no contest plea. This right applies in both misdemeanor and felony cases.

California Law "Good Cause" means a legal reason or excuse to show why a request should be granted. Good cause to withdraw a plea is shown when a defendant at the time of the plea was operating under a mistake, ignorance, duress, fraud, or any other factor overcoming the exercise of his or her free judgment.

California law also permits courts to reduce bail following a change in circumstances. Specifically, Penal Code § 1289 authorizes a court to reduce the bail if good cause is shown. ?Good cause? for a reduction in bail generally means a change in circumstances related to the defendant or the proceedings.

Once the court has set bail, the court cannot change it without a showing of good cause. (Penal Code sec, 1289.) Generally, this means proving circumstances have changed since bail was set. In many cases the judge or other magistrate will order a defendant to perform specific conditions as part of his or her O.R.

If the judge denies the motion, the defendant may be able to appeal the judge's decision. Under California criminal law, a defendant can also seek to withdraw a plea (after sentencing) by means of: a writ of habeas corpus petition, per Penal Code 1473 PC, or. the state's expungement process, per Penal Code 1203.4 PC.

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