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.
South Dakota Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document used in the state of South Dakota to request a reduction in the bail amount set for a defendant or the release of the defendant on their own recognizance. This affidavit serves as supporting evidence to convince the court that the current bail amount is unjust or that the defendant is not a flight risk and can be trusted to appear for their scheduled court appearances. The South Dakota Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a comprehensive document that requires specific information to be included. It typically includes the following key elements: 1. Defendant's information: The affidavit starts by stating the defendant's full legal name, date of birth, address, and any relevant identifying information. 2. Case details: The document outlines the specific criminal charges against the defendant, the court in which the case is being heard, and the judge assigned to the case. 3. Current bail amount: The affidavit highlights the existing bail amount set by the court and explains why it is excessively high or unreasonable. It may provide evidence of the defendant's financial situation, inability to afford the bail, or other circumstances that justify a reduction. 4. Defendant's ties to the community: This section emphasizes the defendant's strong community ties, such as family, employment, and property ownership, to demonstrate that they are not likely to flee if released. Providing documentation supporting these ties, such as letters from employers, family members, or landlords, can strengthen the argument. 5. Defendant's criminal record: The affidavit discusses the defendant's criminal history, if any, focusing on any previous instances where they appeared for court proceedings, followed probationary terms, or completed community service. This information aims to show the defendant's past reliability and adherence to the law. 6. Alternative release conditions: In cases where the defendant seeks release on their own recognizance, the affidavit suggests alternative conditions, such as regular reporting to a probation officer, electronic monitoring, or supervised release programs, to ensure the defendant's compliance with the court's orders. Different types of South Dakota Affidavits in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance may vary based on the circumstances of the case. For example, there could be specific affidavits for different types of offenses, including drug-related charges, violent crimes, or white-collar crimes. The content of the affidavit would be tailored to the specific case and the factors that are most relevant for the court's consideration. It is essential to consult an attorney or legal professional in South Dakota to ensure compliance with local laws and to customize the affidavit to fit the specific requirements of the court handling the case.
