South Carolina 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

Release on personal recognizance ? The defendant is released, without having to post bail, upon the condition that he or she will appear at all court dates. Release on bail ? The judge orders the defendant to pay a certain amount of money into court.

If the offense charged is bailable, the magistrate shall take recognizance with sufficient surety, if it is offered, in default whereof the person must be incarcerated." § 22-5-510(B) provides that "[a] person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be ...

How does bail bonds work in South Carolina? A bond court judge sets the defendant's bail amount. A South Carolina bail bondsman posts the bond once the 10% premium is paid by the co-signor. If the defendant doesn't appear in court the co-signor owes the bondsman 100% of the bond.

There is no constitutional right to a personal recognizance (PR) bond in SC, but Article I, § 15 of the SC Constitution does place limits on bonds in SC: All persons have the right to bail, except. Persons charged with capital offenses, life imprisonment, or violent offenses (defined in SC Code § 16-1-60), and.

Primary tabs. Own recognizance (OR), also called personal recognizance, means a release, without the requirement of a posting bail, based on a written promise by the defendant to appear in court when required to do so.

If you bond is revoked, then your bond will be forfeited. This means that you will be taken back to jail but the pain doesn't end there. Additionally, the court can seize the money or property put up to make bail. The bonds person may lose out on their fee and be required to make restitution to the court.

While it is possible to post your own bail after you are arrested it's unlikely you will be able to. The necessity for cash and the limitations of being in custody make it difficult. That said there are ways to speed up the bail process and make it easier on the person bailing you out.

You are not allowed to leave the state without permission. If you are required to leave the state as a condition of your defense, you may be allowed to do so, but you need to reach out to the prosecutor to get approval, You are required to show up to all of your court hearings.

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