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.
An Oregon Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document filed with the court in the state of Oregon. This affidavit is typically used by the defense attorney or the defendant themselves to request the court to reduce the amount of bail or request the defendant's release from custody on their own recognizance. Keywords: Oregon, affidavit, motion, reduction of amount of bail, release, defendant, own recognizance. There are two main types of Oregon Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance: 1. Affidavit for Reduction of Amount of Bail: In this type of affidavit, the defense attorney or the defendant provides detailed information and reasoning to convince the court that the bail amount set is too high. They may present evidence such as the defendant's financial situation, community ties, lack of flight risk, or any other relevant factors to support their argument for a reduction in the bail amount. 2. Affidavit for Release of Defendant on Own Recognizance: This affidavit seeks the release of the defendant from custody without the need for posting bail. The defense attorney or the defendant has to present compelling reasons to persuade the court that the defendant can be trusted to appear for all scheduled court hearings and does not pose a risk to public safety or the integrity of the legal process. Factors such as the defendant's ties to the community, employment, family support, lack of criminal history, and their commitment to meet all court obligations are crucial in the affidavit. In both types of affidavits, it is essential to provide a detailed and accurate account of information supporting the motion. The affidavit should include the defendant's personal details, arrest details, relevant criminal history, financial information, community ties, and any other pertinent information that can convince the court to grant the motion. It is important to note that the specific format and requirements for an Oregon Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance may vary depending on the jurisdiction, court rules, and the specific circumstances of the case. Therefore, it is advisable to consult with a qualified attorney who is familiar with the local laws and procedures to ensure the affidavit is correctly drafted and filed.
