New Mexico 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

New Mexico voters in 2016 overwhelmingly approved a constitutional amendment to abolish the cash bail system and left decisions about whether someone is incarcerated before trial entirely in the hands of judges.

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

Under the constitutional amendment passed, bail can be denied by the judge for a defendant if you are charged with a felony and the prosecution requests a no-bond hearing. In this hearing, the prosecution must show with clear and convincing evidence that your detainment would protect the community.

What is Pretrial Release? Pretrial Release is when a person is accused of a crime, who has been booked into custody, is then released from custody, with or without conditions, before trial, with charges pending.

A pretrial hearing, sometimes called a pretrial conference, is a meeting of the defense, the prosecution, and the judge before a trial commences. If one party does not appear, the judge can impose sanctions. During this hearing, a range of documents may be presented, evidence can be presented and excluded, and more.

Overall, 41.5 percent of individuals booked on misdemeanors or felonies are released pretrial. The most common types of pretrial release include cite and release after booking (46.6%), bail (27.8%), and release on recognizance (15.9%).

Before the judge makes the decision on whether to grant bond, there must be a hearing regarding such factors as how long the defendant has lived in the area, if they have family nearby, prior criminal record, and any threats to victims or witnesses in the case.

If the magistrate orders that a person be held without bond, that person will then be taken to the local jail and held there until their first court appearance. This usually happens within 1-3 days from when they were arrested.

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