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 West Virginia 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 West Virginia when a defendant wishes to request a reduction in their bail amount or be released on their own recognizance. This affidavit is filed in court and serves as a supporting document to demonstrate why the defendant should be granted the requested relief. Keywords: West Virginia, affidavit, motion, reduction of amount of bail, release, defendant, own recognizance. There are two main types of West Virginia Affidavits in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance: 1. Affidavit for Reduction of Bail Amount: This type of affidavit is used when the defendant wants the court to consider lowering the bail amount. It typically includes persuasive arguments, supported by facts and evidence, explaining why the current bail amount is excessive and not justified based on the nature of the offense, the defendant's criminal history, or their ties to the community. The affidavit may also highlight the defendant's willingness to cooperate with the court and comply with any necessary conditions if granted a reduced bail amount. 2. Affidavit for Release of Defendant on Own Recognizance: In this case, the defendant seeks to be released on their own recognizance, also known as an OR release. An OR release means that the defendant will be released from custody without having to post bail but will be required to appear in court as scheduled and comply with any specific conditions set by the court. The affidavit for an OR release typically outlines factors such as the defendant's strong community ties, lack of significant prior criminal record, stable employment, family responsibility, and prior cooperation with court procedures. Both types of affidavits should provide a detailed account of relevant information, such as the defendant's personal background, employment history, family circumstances, community involvement, and any other factors that may persuade the court to grant a reduction in bail amount or an OR release. It is important to note that these types of affidavits should be prepared in consultation with an attorney or legal professional to ensure their accuracy, compliance with relevant laws, and effectiveness in presenting a persuasive case to the court.
