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

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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

In July 2023, the Illinois Supreme Court declared the legislation ending cash bail constitutional. Beginning on September 18, 2023, Illinois courts no longer use a cash bail system. Instead, they use a ?pretrial release? system as allowed by the SAFE-T Act. Learn more about this new system and what it means.

Three types of bonds in Illinois: The most common type of bond is an I Bond or Personal Recognizance bond. On this type of bond, you simply sign your way out of police custody or court and promise that if you do not show up to court that you will pay the bond.

Primary tabs. Own recognizance (OR), also called personal recognizance, means a release, without the requirement of a posting bail, based on a written promise by the defendant to appear in court when required to do so.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

In Illinois, a recognizance bond is commonly referred to as an "I Bond", a personal recognizance bond or "signature bond". You will not be required to post any money or other security, as your signature on the bond slip is your security.

Bail is a sum of money placed with the court whose purpose is to ensure the appearance of the accused at trial. If paid in full or secured by a deposit (depending on the statutory regulations) it enables the accused to remain at liberty pending trial.

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