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.
A Delaware Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document filed by a party in a criminal case to request a reduction in the bail amount set by the court or to seek the release of the defendant on their own recognizance (without posting bail). This affidavit serves as a written statement supporting the motion and outlines the reasons and facts that justify the request for a reduction in bail or release. It is important to provide strong and compelling arguments to convince the court that the defendant poses no flight risk or danger to the community. Keywords: Delaware, affidavit, motion, reduction of bail, release of defendant, own recognizance, legal document, criminal case, court, request, written statement, facts, flight risk, danger, community. Different types of Delaware Affidavits in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance may include: 1. Affidavit in Support of Motion for Reduction of Amount of Bail: This type of affidavit focuses on presenting valid reasons why the court should lower the bail amount previously set. The affidavit may include factors such as the defendant's financial situation, community ties, employment status, family support, and any prior criminal history. 2. Affidavit in Support of Motion for Release of Defendant on Own Recognizance: This type of affidavit aims to convince the court that the defendant is not likely to flee or pose a danger to the community if released without posting bail. It may include information about the defendant's reputation, ties to the community, employment stability, character references, lack of a criminal record, and other factors indicating strong moral character and trustworthiness. 3. Combined Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance: In some cases, both requests for bail reduction and release on own recognizance may be made together in a single affidavit. This allows the filer to present a comprehensive argument for the court to consider different alternatives for the defendant's release. In all cases, the affidavit should be clear, concise, and well-organized, presenting facts and arguments persuasively to support the requested relief. It is crucial to consult with an experienced attorney familiar with Delaware's laws and procedures when preparing and filing such affidavits.
