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 Vermont Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document filed by the defendant or their attorney to request a reduction in the bail amount or release of the defendant without having to pay bail. This affidavit serves as a supporting document that explains the reasons why the court should consider reducing the bail or releasing the defendant on their own recognizance. In Vermont, there are two main types of affidavits related to this motion that may be used: 1. Affidavit in Support of Motion for Reduction of Amount of Bail: This type of affidavit is filed by the defendant or their attorney to request a decrease in the bail amount set by the court. It includes detailed information and supporting evidence to persuade the court that the original bail amount is excessive or not justified based on the circumstances of the case. The affidavit may highlight factors such as the defendant's ties to the community, past criminal history, financial resources, employment status, and any other relevant information that could help convince the court to reduce the bail amount. 2. Affidavit in Support of Motion for Release of Defendant on Own Recognizance: This affidavit is used when the defendant requests to be released without having to pay any bail, commonly referred to as being released on their own recognizance (OR). The affidavit outlines the reasons why the defendant is not a flight risk or a danger to the community and why it is in the best interest of justice to allow them to be released without bail. Factors such as the defendant's strong community ties, stable residence, employment, family support, past record of attending court hearings, and lack of previous flight or criminal behavior may be presented to strengthen the case for release on own recognizance. Both types of affidavits should be thorough, well-organized, and supported by credible evidence or testimony whenever possible. It is essential to present a compelling argument that convinces the court that reducing the bail amount or releasing the defendant on their own recognizance is justified based on the specific circumstances of the case.
