Oregon 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

In Oregon, if you are charged with a felony, your case will typically either go through a preliminary hearing or a grand jury hearing.

(11) ?Court? means the court with jurisdiction regarding defendant's fitness to proceed. (12) ?Fitness to Proceed? means the same as having capacity.

The release hearing must be held within 48 hours of arraignment or other first appearance after the defendant is taken into custody unless both parties agree, or the court finds good cause, to hold the hearing at a later time.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

(7) "Primary release criteria" includes the following: (a) The reasonable protection of the victim or public; (b) The nature of the current charge; (c) The defendant's prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required; (d) Any ...

SB48 becomes effective July 1, 2022. The law is codified in Oregon Revised Statute 135.233, and by order of the Chief Justice of the Oregon Supreme Court, requires release from custody those suspected of committing certain classifications of crimes without security (bail).

Refunds are disbursed to the person posting the bail once the case is closed or exonerated and will be mailed to the address listed on the bail receipt. If a change of address is needed, a written request must be submitted to the court by the person posting the bail.

Coercion (felony): A fairly broad charge, Coercion is essentially forcing someone to engage in conduct that they can legally abstain from, or forcing someone to abstain from engaging in conduct that they can otherwise legally engage in, by instilling in that person a fear that if they don't comply with the coercion, ...

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