Massachusetts 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

If the defendant does not pose a threat to people in the community, they do not have a criminal record, and their crime did not involve violence, they are more likely to get a release on their own recognizance.

In the meantime, thanks to the Bail Reform Act, they were freed on their own recognizance and told to return a month later for the hearing. He asked that Van Fleet be released on his own recognizance.

A recognizance is different from a bail bond in that it is a pledge of money and no upfront payment of a cash deposit is required. Historically recognizances were also used by courts of quarter sessions to require a person to attend court and give evidence.

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.

Legal Definition recognizance. noun. re·?cog·?ni·?zance ri-?kag-n?-z?ns. 1. : an obligation entered into on the record before a court or magistrate requiring the performance of an act (as the paying of a debt) usually under penalty of a money forfeiture.

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