Kentucky 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

If the defendant is found guilty, the court will keep 10 percent (but not less than $5) of the amount you posted as a service fee. If the defendant is found not guilty, the full amount of the bond will be returned to you.

You are not allowed to leave the state without permission. If you are required to leave the state as a condition of your defense, you may be allowed to do so, but you need to reach out to the prosecutor to get approval, You are required to show up to all of your court hearings.

By posting a bond you are promising that the defendant will appear for all of their court appearances and obey all bond conditions. If the defendant fails to appear or breaks the conditions, you may lose any cash or property posted.

To obtain a bond withdrawal, the surety must file a motion to be heard before the judge. THE JUDGE WILL ISSUE A WARRANT FOR THE DEFENDANT'S ARREST, AND THE DEFENDANT MUST BE IN CUSTODY BEFORE THE SURETY IS RELEASED FROM RESPONSIBILITY.

| Criminal Law. Bail jumping occurs when a defendant who has been released from custody fails to appear for a court date, and it is a serious offense that can result in significant penalties.

Requires a percentage of the cash amount set as bail, which is usually 10% but the amount can vary. For example, if bail is set at 10% of $500, then $50 would be required to have the defendant released. There is also a 10% processing fee for this type of bail.

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