New Hampshire 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

If that individual fails to appear or violates any such terms or conditions the money posted for bail may be forfeited to the court. In addition, the court may issue a bench warrant. The bail amount may be set initially by a bail commissioner, but it is always reviewable by a judge.

A bail agent will require the defendant to pay a certain amount of the bond, like 10% ($10,000 bail = $1000 payment by the defendant), but will put up the rest to get the defendant out of jail.

The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.

If the judge grants bail, the defendant can pay the set amount directly to the court to secure their release from jail until the trial date. Once the trial ends, regardless of the outcome ? whether found guilty or innocent, whether the charges are dropped or the case is dismissed ? the person gets the bail money back.

5 Contempt, Penalty. ? A party found guilty of contempt under the provisions of this RSA 544 shall be guilty of a misdemeanor if a natural person, or guilty of a felony, if any other person.

If you are charged with a violation, it is for something illegal but not ?criminal? and there is no possibility of jail time. If you are charged with a Class B misdemeanor it is considered a criminal offense but does not have the possibility of jail time.

BAIL - bail is set by the Judge. Bail is an amount of money, either cash or personal recognizance, which is designed to ensure a defendant's appearance in court as well as ensure the safety of the public and the defendant.

Upon a sufficient showing of good cause, the court may at any time order that discovery required hereunder be denied, restricted, or deferred, or make such other order as is appropriate.

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