Florida 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

Rule 3.190 - PRETRIAL MOTIONS (a) In General. Every pretrial motion and pleading in response to a motion shall be in writing and signed by the party making the motion or the attorney for the party. This requirement may be waived by the court for good cause shown.

After first appearance, you can file a motion to reduce bond with your trial judge. The hearing must be "prompt." The Defense must give the prosecution at least 3 hours notice before the bond reduction motion is heard.

After you've been arrested in Florida, you may qualify for a release on recognizance (ROR) under certain conditions. An ROR means that you are released from jail without posting bond so that you don't have to spend weeks or months behind bars while waiting for a court date.

Florida Rule of Criminal Procedure 3.191(a) provides that a person charged with a crime by indictment or information ?shall be brought to trial?within 90 days of arrest1 if the crime charged is a misdemeanor or within 175 days of arrest if the crime charged is a felony.?

1983 Amendment. Rule 3.131(d) is intended to replace former rule 3.130(f) and therefore contemplates all subsequent modifications of bail including all increases or reductions of monetary bail or any other changes sought by the state or by the defendant.

?The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense.

Law and Authorities ? Plea not Knowing and Voluntary. 20. Rule 3.170(l)(Motion to Withdraw the Plea after Sentencing), provides that a motion to withdraw a plea may be filed within 30 days after rendition of the sentence, on the grounds specified in Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)a-e.

Rule 3.190 - PRETRIAL MOTIONS (a) In General. Every pretrial motion and pleading in response to a motion shall be in writing and signed by the party making the motion or the attorney for the party. This requirement may be waived by the court for good cause shown.

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