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 Wisconsin Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance is a legal document used in Wisconsin courts to request a reduction in bail or the release of a defendant on their own recognizance. This affidavit is typically filed by the defendant's attorney or the defendant themselves, and provides a detailed explanation of why the current amount of bail should be reduced or why the defendant should be released without posting bail. Keywords: Wisconsin, Affidavit, Motion, Reduction of Amount of Bail, Release of Defendant, Own Recognizance, legal document, request, attorney. There are different types of Wisconsin Affidavits in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance, depending on the specific circumstances of the case. Some common variations may include: 1. Affidavit of Financial Hardship: This type of affidavit is filed when the defendant or their attorney believes that the current amount of bail is unreasonably high in relation to the defendant's financial ability to pay. The affidavit may provide information about the defendant's income, assets, debts, and any dependents they may have, to demonstrate their inability to afford the bail amount. 2. Affidavit of Changed Circumstances: If there have been significant changes in the defendant's situation since the original bail was set, this affidavit will be used to explain these changes. For example, if the defendant has secured stable employment, enrolled in educational programs, or has important family obligations, these factors can support a request for a reduction in bail or release on their own recognizance. 3. Affidavit of Community Support: In cases where the defendant has strong ties to the community, this type of affidavit highlights their positive reputation, character references, and demonstrations of community involvement. Showing community support can help convince the court that the defendant is not a flight risk and should have their bail reduced or be released without posting bail. 4. Affidavit of Lack of Flight Risk: This affidavit focuses on demonstrating that the defendant poses no risk of fleeing and will comply with all court requirements. It may include information about the defendant's permanent residence, employment history, family ties, and other factors that prove their commitment to stay and face the charges against them. By filing the appropriate type of Wisconsin Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance, the defendant or their attorney aims to present a compelling case to the court to have the bail amount reduced or be released without posting bail, while ensuring their ongoing cooperation with the legal process.
