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 Pennsylvania Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document submitted to the court in Pennsylvania. This affidavit is used by the defendant or their attorney to request a reduction in the bail amount imposed by the court or to be released on their own recognizance, without the need for posting bail. In Pennsylvania, there are two primary types of affidavits that can be filed in support of the motion for bail reduction or release on own recognizance. These are: 1. Affidavit in Support of Motion for Reduction of Amount of Bail: — This type of affidavit is used when the defendant or their attorney seeks a reduction in the bail amount set by the court. — The affidavit must contain compelling reasons and evidence to justify the request for a lower bail amount. — It may include financial information, such as the defendant's inability to afford the current bail amount, supporting documentation of the defendant's ties to the community, their employment status, and any other relevant factors that may indicate they are not a flight risk or a danger to the community. 2. Affidavit in Support of Motion for Release of Defendant on Own Recognizance: — This affidavit is submitted when the defendant or their attorney believes that the defendant should be released from custody without having to post bail. — It presents compelling reasons to the court, demonstrating that releasing the defendant on their own recognizance would not pose a risk to public safety or hinder the defendant's appearance in court. — The affidavit may include information about the defendant's community ties, employment, residential stability, past criminal record (if applicable), involvement in the community, and any other relevant factors that support the argument for release without posting bail. It is important to understand that the content of these affidavits should always be tailored to the specific circumstances of the case at hand. It is recommended to seek legal assistance or consult with an attorney to ensure the proper preparation and submission of an affidavit in support of the motion for bail reduction or release on own recognizance, as the laws and requirements may vary.
