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.
The New York Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document filed in New York State courts to request a reduction in the bail amount or for the defendant to be released on their own recognizance, without the need for bail. This affidavit serves as a detailed statement providing facts, evidence, and arguments supporting the need for a reduction in bail or a release on own recognizance. In New York, there are two main types of affidavits that can be filed for such motions: 1. Affidavit in Support of Motion for Reduction of Amount of Bail: This type of affidavit outlines the reasons why the bail amount should be decreased. It typically includes information regarding the defendant's financial situation, lack of flight risk, minimal criminal history, strong ties to the community, employment status, family obligations, and any other compelling factors that demonstrate that a lower bail amount is sufficient to ensure the defendant's appearance in court. 2. Affidavit in Support of Motion for Release of Defendant on Own Recognizance: This affidavit focuses on presenting arguments as to why the defendant should be released without the need for bail. It includes information about the defendant's character, lack of danger to the community, strong community ties, stable employment, previous history of attending court hearings, and any other relevant factors that convince the court that the defendant can be trusted to appear in court without the need for financial conditions. Both types of affidavits require a comprehensive and factual presentation of the circumstances of the defendant's case to persuade the court to modify the bail conditions or allow for release on own recognizance. These affidavits need to be well-written, properly organized, and supported by compelling evidence to increase the chance of success. It is important to note that the exact requirements and procedures for filing such affidavits may vary among different jurisdictions within New York State. Therefore, defendants or their legal representatives should consult the specific court rules and guidelines applicable to their case to ensure the proper format, content, and submission of the Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance.
