North Carolina 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

Importantly, motions in limine are generally made before a trial begins, and always argued outside the presence of the jury. Thus, a motion in limine allows key evidentiary questions to be decided without the jury present and, if the motion is granted, will preclude the jury from ever learning of the disputed evidence.

Motion to suppress evidence in superior court; procedure. (a) A motion to suppress evidence in superior court made before trial must be in writing and a copy of the motion must be served upon the State. The motion must state the grounds upon which it is made.

This is done through a motion to modify bond. After filing, the motion can be granted in one of two ways: (1) by consent of the judge and the prosecutor, or (2) by a hearing in front of a judge, opposed by the prosecutor. You do not want to file a motion to modify in every situation.

G.S. 15A-902 Discovery Procedure ?(a) A party seeking discovery under this Article must, before filing any motion before a judge, request in writing that the other party comply voluntarily with the discovery request.

For a lesser charge, your bond might be $500 or less. If you're charged with a more serious crime, your bond could be $5,000 or more. If you have questions about setting up a payment plan or need help getting your license reinstated after an FTA, contact our office today for a free consultation.

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

Cash Bond: Also called a ?C Bond? this is the most serious kind of bond in the North Carolina System. A cash bond requires the defendant to come up with the entire amount of the bond set forth in order to secure their release.

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