Maine 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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Word; 
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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

Upon motion by the attorney for the State or the defendant and after notice and upon a showing of changed circumstances or upon the discovery of new and significant information, the court may amend the bail order to relieve the defendant of any condition of release, modify the conditions imposed or impose further ...

The judge may set both the bail type and amount as well as any bail conditions to be imposed. If this occurs, the bail commissioner must follow the order of the judge and execute the bail documents in ance with the judge's order.

Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.

If you are released on personal recognizance bail, it means that you are promising to appear. If you have posted cash or surety bail (real estate), posting that cash or surety is your promise to appear. If you do not appear, you risk forfeiture of the bail or surety among other penalties.

Upon motion by the attorney for the State or the defendant and after notice and upon a showing of changed circumstances or upon the discovery of new and significant information, the court may amend the bail order to relieve the defendant of any condition of release, modify the conditions imposed or impose further ...

?Unsecured? means no money has to be posted, but the defendant will owe money to the state if the bail conditions are broken. In some cases the defendant gets P.R. (personal recognizance) bail, which means, in effect, he or she promises to show up for all court dates and obey the law.

If you've been arrested and charged with Violations of Conditions of Release, you'll be held without bail until you can be brought before a judge. In most cases, the District Attorney will argue for forfeiture of your bail and that you subsequently be held without bail.

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