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

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Multi-State
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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

When do I get my money back on a bond? Bond money or property is released only after a case ends and a final order is entered. You will receive a check from the cashier in the mail or you may come to Family Court to pick it up.

Delaware Bail Bond Costs and Fees In the state of Delaware, the cost of a bail bond is set by law. The fee for a bail bond is set at 10% of the full bail amount. For example, the average bail amount in Delaware is $25,000, so your cost for the bail bond would be $2,500.

A bail bondsman must be licensed in their state in order to help clients. Delaware's Department of Insurance determines the cost of a bail bond. For most states, this amount is equal to 10 percent of the defendant's bail amount. For example, if bail is $20,000, then you will pay a bondsman $2,000 for their services.

The judicial officer will weigh many factors when deciding the amount of bail. Some of these factors include the risk of flight by the defendant, the type of alleged crime, how long the defendant has lived in Delaware, the safety of the community and the defendant's criminal history (if any).

If you have posted bond and wish to change either the conditions or the amount, you must file a Motion to Modify Bond. A hearing will be scheduled and you will be notified in writing when to attend.

When do I get my money back on a bond? Once the defendant's trial has concluded, the bail is returned to the individual who posted it.

Robert Dust ? $3 billion Currently holds the record for the highest amount of bail set in the history of America. He was accused of murdering his first wife, Kathleen McCormack, his old-time friend Susan Berman and his neighbor Morris Black.

In Delaware, like most states, the cost of a bail bond is set by law. As a consumer, you should know that the fee for the bail bond is set at 10% of the full bail amount.

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