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

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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

Pre-trial detention, also known as preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest.

18 U.S.C. § 3142(g). In addition to considering evidence of the factors set forth above, the court may upon its own motion, or upon the motion of the government attorney, conduct an inquiry into the source of any property to be designated for potential forfeiture or offered as collateral to secure any bond.

The Bail Reform Act of 1984 stated that all defendants charged in federal court were to be released on their own recognizance unless the ?judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community? ( ...

Under the 1984 Act, as in all previous bail legisla- tion, preventive detention is appropriate in only a small number of cases. Since the days of Anglo-Saxon law, bail has served as a means of preventing the accused from fleeing by requiring him or her to post some guarantee of appearance at trial.

Application of the Rebuttable Presumption: 18 USC Section 3142(e) contains three categories of criminal offenses that give rise to a rebuttable presumption that ?no condition or combination of conditions? will (1) ?reasonably assure? the safety of any other person and the community if the defendant is released; or (2) ...

The Bail Reform Act of 1984 authorizes preventive detention by permitting the pretrial incarceration of a defendant who will endanger the community's safety. For pretrial detainees, preventive detention works unnecessary hardship and skews the adversarial basis of the criminal process.

The Bail Reform Act of 1984 (18 U.S.C. §§ 3141?3150) authorizes and sets forth the procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentence, and appeal. The Bail Reform Act of 1984 has been amended several times.

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