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.
New Mexico 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 state of New Mexico to support a motion requesting a decrease in the bail amount set for a defendant or their release on their own recognizance. This affidavit serves as a comprehensive written statement outlining the reasons why the defendant's bail should be reduced or why they should be released without the need for bail. Keywords: New Mexico, Affidavit, Support, Motion, Reduction, Amount, Bail, Release, Defendant, Own Recognizance. There are two main types of New Mexico Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance: 1. Affidavit in Support of Motion for Reduction of Amount of Bail: This type of affidavit is filed by either the defendant or their legal representation to request a decrease in the bail amount previously set by the court. The affidavit presents compelling arguments, facts, and circumstances that justify the need for a reduction in the bail amount, such as the defendant's lack of financial means, strong community ties, lack of threat to public safety, or excessive bail conditions. Supporting documents like financial statements, character references, or employment records may also be attached to strengthen the motion. 2. Affidavit in Support of Motion for Release of Defendant on Own Recognizance: This type of affidavit is typically filed when the defendant seeks to be released from custody without posting bail. The affidavit presents strong arguments and evidence to convince the court that the defendant poses no flight risk, is not a danger to the community, and will adhere to the court's orders and attend all scheduled court appearances. The affidavit may include information about the defendant's roots in the community, employment status, prior criminal record (if any), and support from family or community members. Character references, employment verification, and proof of stable residence may also be attached to strengthen the motion. In both types of affidavits, it is crucial to provide all relevant, accurate, and truthful information, as any false statements can lead to severe legal consequences. It is advised to seek professional legal counsel to draft or review this document for maximum effectiveness.
