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.
A Tennessee Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document filed in court requesting a reduction in the amount of bail or the release of a defendant without having to post bail. Keywords: Tennessee affidavit, motion for reduction of bail, release of defendant on own recognizance, legal document, court, defendant, bail. In Tennessee, there are two main types of affidavits used to support a motion for reduction of bail or release of a defendant on their own recognizance: 1. Affidavit in Support of Motion for Reduction of Amount of Bail: This type of affidavit is filed by the defendant or their attorney and presents compelling reasons to request a reduction in the bail amount set by the court. The affidavit may include various factors, such as the defendant's financial situation, ties to the community, prior criminal record (if any), employment status, family responsibilities, and any other relevant information that supports the claim for a reduced bail amount. The goal is to demonstrate to the court that the defendant poses a minimal flight risk and is not a danger to the community, justifying a lower bail. 2. Affidavit in Support of Motion for Release of Defendant on Own Recognizance: Also known as an OR (Own Recognizance) affidavit, this document is submitted to the court by the defendant or their attorney, seeking the defendant's release without the requirement to pay bail. The affidavit aims to convince the court that the defendant is trustworthy and will appear for future court appearances without the need for bail. Factors that may be highlighted in this affidavit include the defendant's community ties, stable employment, lack of prior criminal record, support from friends or family, and any other details that establish the defendant's reliability. Both types of affidavits should be comprehensive and persuasive, providing detailed information and evidence to support the motion for a reduction in bail or the release of the defendant on their own recognizance. It is crucial to consult with an attorney who specializes in criminal defense to properly prepare these affidavits and navigate the legal process effectively.
