Michigan 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.

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FAQ

Generally a defendant in Michigan charged with a felony crime has a right to trial within six months of the date of arrest, and a defendant charged with a misdemeanor crime has a right to trial within 28 days of arrest.

To get the bond amount reduced, the defendant would file a Motion to Reduce Bond (or a Motion to Reduce Bail). Although seeking a bond reduction might be less challenging with a defendant who self-surrenders, it is also possible if the police arrested a defendant on a warrant. A motion can be oral or in writing.

Except for crimes exempted by MCL 780.131(2), the inmate shall be brought to trial within 180 days after the department of corrections causes to be delivered to the prosecuting attorney of the county in which the warrant, indictment, information, or complaint is pending written notice of the place of imprisonment of ...

In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than 12 jurors in prosecutions for misdemeanors punishable by imprisonment for not more than 1 year; to be informed of the nature of the accusation; to be confronted with the ...

Michigan law limits the time prosecutors have to file charges after a crime. The statute of limitations is 6 years for misdemeanors and felonies not specifically named in Michigan Penal Code.

Under Michigan law, the arraignment must occur within a reasonable time after someone is arrested. Generally, the arraignment will occur within 48 hours of the arrest, meaning it is important to immediately contact an attorney if you or someone you know has been arrested.

In Michigan, arraignments must take place without unnecessary delay. If a person is not arraigned within a reasonable time, the case will be dismissed but it is subject to being reinstated at a later date.

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