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.
A Nebraska Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document filed in the state of Nebraska to request a reduction in the bail amount or the release of a defendant without having to pay bail. This affidavit is typically submitted by the defendant or their attorney to the court, providing relevant information and arguments to support their request. When preparing this affidavit, it is crucial to include specific details highlighting the defendant's situation, personal circumstances, and potential reasons for their release on their own recognizance. Including relevant keywords in the affidavit can assist in clearly conveying these points. Some keywords that may be used throughout the document include: 1. Affidavit: As the title suggests, this document is an affidavit, which means it is a sworn statement made under oath. 2. Motion: The affidavit is part of a motion, which is a formal request submitted to the court. 3. Reduction of Amount of Bail: This refers to the primary purpose of the motion — requesting the court to reduce the bail amount previously set for the defendant. 4. Release of Defendant: Another purpose of the motion may be to request the court for the defendant's release from custody. 5. Defendant: This refers to the person who is facing criminal charges. 6. Bail: Bail is the amount of money or property a defendant must pay to secure their release from jail while awaiting trial, ensuring their appearance in court. 7. Own Recognizance: This term refers to the defendant's release without the need to pay bail, relying on their personal promise to appear in court as required. 8. Support: The affidavit should provide evidence, facts, and reasoning in support of the requested reduction in bail or release on own recognizance. 9. Arguments: The affidavit should present compelling arguments, including reasons why the defendant is not a flight risk, why they pose no danger to the community, or why the bail amount is excessive given their financial resources. 10. Defendant's Circumstances: Providing details about the defendant's community ties, employment, family responsibilities, financial situation, and any other essential factors that demonstrate their commitment to the legal process and their availability for court appearances. It is important to note that specific types of Nebraska Affidavits in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance may exist in relation to different criminal offenses, such as misdemeanors, felonies, or certain specialized areas of the law. These specialized affidavits would require tailored arguments and supporting evidence relevant to the particular offense involved. However, the general purpose of the affidavit remains the same in these instances — to seek a reduction in bail or the release of the defendant without bail based on specific justifications and supporting information.
