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

Category:
Affidavits - Criminal
State:
Multi-State
Control #:
US-02635BG
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Word; 
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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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How to fill out Affidavit In Support Of Motion For Reduction Of Amount Of Bail Or Release Of Defendant On Own Recognizance?

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FAQ

Rule 10 - Pleas; Rights upon Plea (A) Pleas. A defendant may plead not guilty, guilty or, with the consent of the court, no contest. All pleas may be made orally. If a defendant refuses to plead, the court shall enter a plea of not guilty on behalf of the defendant.

Arrest Warrant or Summons on a Complaint. (a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it.

If the evidence shows the defendant is not guilty of the degree of crime for which the defendant was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict or finding ingly and shall pass sentence on such verdict or finding as modified.

Rule 5: Concurrent Jurisdiction with other Courts It shall be the obligation of the party initiating an action involving parenting or support of minor children to inform the Court of the status of any prior or pending action in any domestic relations or juvenile court, including the amount of any prior support orders.

R. 4.1(A)(1)(a), the clerk may make service of any process by a commercial carrier service utilizing any form of delivery requiring a signed receipt.

Section 2937.29 | Release on own recognizance. When from all the circumstances the court is of the opinion that the accused will appear as required, either before or after conviction, the accused may be released on his own recognizance.

The summons shall be in the same form as the warrant, except that it shall not command that the defendant be arrested, but shall order the defendant to appear at a stated time and place and inform the defendant that he or she may be arrested if he or she fails to appear at the time and place stated in the summons.

A new trial may be granted on motion of the defendant if the defendant produces clear and convincing evidence not previously considered that undermines in a material way the State's theory of guilt, or that directly contradicts the evidence used to convict, and which produces a reasonable likelihood of a different ...

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