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.
North Carolina Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document used in North Carolina courts to request the reduction of bail or the release of a defendant from custody without the need for posting bail. This affidavit is filed by the defendant or their attorney and provides compelling reasons why the amount of bail should be lowered or why the defendant should be released on their own recognizance (ROR). In North Carolina, there are different types of Affidavits in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance, categorized based on the specific circumstances of the case. These may include: 1. Financial Hardship Affidavit: This type of affidavit is commonly used when the defendant or their family cannot afford the set bail amount. It provides documentation and evidence to demonstrate the financial hardship faced by the defendant or their family, such as income statements, bills, and other financial obligations. 2. Changed Circumstances Affidavit: This affidavit is filed when there have been significant changes in the defendant's circumstances since the initial bail was set. It may involve changes in employment status, residence, support network, or other relevant factors that impact the defendant's likelihood of appearing in court and the risks associated with their release. 3. Non-violent Offense Affidavit: If the defendant is charged with a non-violent offense, this affidavit is filed to argue that their release on their own recognizance or a reduced bail amount is justified. It may include evidence of the defendant's employment stability, lack of prior criminal record, community ties, and commitment to appear in court for all hearings. 4. Medical or Mental Health Affidavit: In cases where the defendant has documented medical or mental health conditions that require ongoing treatment, this affidavit is used to present these conditions as reasons for reducing bail or securing release on their own recognizance. Medical records and expert opinions may be included to support the claims made in this type of affidavit. These are just a few examples of the North Carolina Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance. The specifics of each affidavit may vary depending on the circumstances of the case and the arguments put forth by the defendant or their legal representation. It is crucial to consult with an attorney experienced in North Carolina criminal law to determine the most appropriate type of affidavit to file and to ensure all relevant information is included to support the motion effectively.
