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.
An Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document used in the North Dakota court system. It involves a request made by the defendant or their attorney to the court, seeking a reduction in the bail amount set or asking for the defendant to be released on their own recognizance. In North Dakota, there are two primary types of affidavits related to this motion: 1. Affidavit in Support of Motion for Reduction of Amount of Bail: This affidavit is prepared by the defendant or their attorney to provide facts and arguments that support the request for a reduction in the bail amount. The affidavit may include details such as the defendant's ties to the community, employment status, financial situation, lack of previous criminal record, and any other relevant information that could persuade the court to consider a lower bail amount. 2. Affidavit in Support of Motion for Release of Defendant on Own Recognizance: This affidavit is also prepared by the defendant or their attorney, but it is focused on providing reasons why the defendant should be released on their own recognizance, without having to pay bail. The affidavit typically emphasizes the defendant's strong community ties, stable employment, family support, lack of flight risk, and any other factors that demonstrate their trustworthiness and responsibility to appear for court proceedings. Both types of affidavits should adhere to legal guidelines and local court rules. They should be submitted to the court along with the motion itself, outlining the reasons why the defendant should be granted a reduction in bail or be released on their own recognizance. Keywords: North Dakota, Affidavit in Support of Motion for Reduction of Amount of Bail, Release of Defendant on Own Recognizance, legal document, court system, defendant, attorney, reduction of bail, own recognizance, community ties, employment status, financial situation, criminal record, court proceedings.
