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

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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.

A Maryland Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document filed in the state of Maryland to request a reduction in the amount of bail or the release of a defendant from custody without posting bail. This affidavit is prepared by the defendant or their attorney and serves as a formal statement outlining the reasons why the current amount of bail is excessive or why the defendant should be released on their own recognizance. Keywords: Maryland, Affidavit in Support, Motion for Reduction of Amount of Bail, Release of Defendant on Own Recognizance Types of Maryland Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance: 1. Affidavit for Reduction of Amount of Bail: This type of affidavit is used when the defendant believes that the bail amount set by the court is excessively high or unjustified based on their circumstances. The affidavit outlines the reasons why the bail should be reduced, such as financial hardship, lack of flight risk, strong community ties, or any other relevant factors. 2. Affidavit for Release of Defendant on Own Recognizance: This type of affidavit is used when the defendant seeks to be released from custody without the need for posting bail. The affidavit presents compelling reasons why the defendant can be trusted to appear for court hearings and not pose a danger to the community. Factors considered may include the defendant's personal history, employment status, community involvement, and family ties. In both types of affidavits, it is crucial to provide detailed and persuasive arguments supported by factual evidence, witness statements, financial information, and any relevant documents that can strengthen the case for the reduction of bail or release on own recognizance. The Maryland Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is an essential legal tool that helps defendants present their case effectively and seek fair treatment within the state's legal system.

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Hear this out loud PauseRule 4-214 - Defense Counsel (a) Appearance. Counsel retained or appointed to represent a defendant shall enter an appearance within five days after accepting employment, after appointment, or after the filing of the charging document in court, whichever occurs later.

(1) On Defendant's Failure to Appear--Issuance of Warrant. If a defendant fails to appear as required, the court shall order forfeiture of the bail bond and issuance of a warrant for the defendant's arrest and may set a new bond in the action.

Hear this out loud PauseThe judicial officer shall inform the defendant of each offense with which the defendant is charged and advise the defendant of the right to counsel and the matters set forth in subsection (a)(2), (3), and (4) of this Rule.

Hear this out loud PauseThe individuals to be impaneled as sworn jurors, including any alternates, shall be called from the qualified jurors remaining on the jury list in the order previously designated by the trial judge and shall be sworn.

(a) Arrest Without Warrant. If there was no probable cause for any of the charges or for the arrest, the judicial officer shall release the defendant on personal recognizance, with no other conditions of release, and the remaining sections of this Rule are inapplicable. Cross reference: See Rule 4-213(a)(5).

In Maryland, an affidavit must be: In writing. Sworn to by the person making the statement. Signed by a notary public or other person authorized by law to administer oaths.

MD Rule 4-213. (c) The initial appearance of the defendant in circuit court occurs when the defendant (1) is brought before the court by reason of execution of a warrant pursuant to , or (2) appears in person or by written notice of counsel in response to a summons.

Hear this out loud PauseRule 4-231 - Presence of Defendant (a) When Presence Required. A defendant shall be present at all times when required by the court. A corporation may be present by counsel.

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Unless released on a new bond, the defendant shall be taken forthwith before a judge of the court in which the charges are pending. On motion of the surety or ... This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Please visit our site to learn more and request ...Mar 11, 2003 — defendant in order to avoid having to pay the amount due under the bond. ... as to the bail or the defendant's release on his own recognizance. by C No — Complete this form if one of the individuals listed above has asked you to hand deliver, or serve, documents to the other person in this case. Deliver, or serve ... 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. After investigating your case, your attorney may file motions and ask for a court hearing. YOU SHOULD NOT FILE YOUR OWN MOTIONS. If you are represented by a ... Jun 20, 2022 — In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of ... The effect of release on bail bond is to transfer custody of the defendant from the officers of the law to the custody of the surety on the bail bond, whose ... If the defendant remains in custody, counsel is appointed and can then file a motion to reduce bail to an appropriate amount. Court staff has now put in ... Counsel contends that the District Judge should have reduced defendant's bail by reason of his inability to post bail in the required amount. It is true that ...

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