Montana 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

At the bail revocation hearing, if the court finds that the defendant willfully violated a condition of release and the defendant is present before the court, the court may revoke the bail and remand the defendant to the custody of the sheriff.

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.

Release on recognizance gets you out of jail based on a promise to appear in court. In other words, a judge agrees to let you out of jail in exchange for your word that you'll show up for all your future court dates?plus a signed contract to that effect. It's essentially a get-out-of-jail-free card.

An own recognizance release allows a defendant in a criminal case to be released from custody without posting bail.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

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.

Types of Bail in Virginia Criminal Cases However, if the magistrate does not set bond, then you will remain in jail either until released after trial or sentencing or until your defense attorney files a motion in court.

(1) If, within 180 days after the order forfeiting bail, the defendant appears before the court where the charge is pending, if the court has not set aside the forfeiture, the person posting bond may move the court to rescind the order of forfeiture and exonerate the bond.

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