Broward Florida Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance

State:
Multi-State
County:
Broward
Control #:
US-02635BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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How to fill out Affidavit In Support Of Motion For Reduction Of Amount Of Bail Or Release Of Defendant On Own Recognizance?

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FAQ

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.

Generally, the defendant can request a lower bond and release from jail by motion. A motion is a formal request directed to the judge requesting an order for one thing or another. To get the bond amount reduced, the defendant would file a Motion to Reduce Bond (or a Motion to Reduce Bail).

Yes and no. If you are financially able to pay for the entire bail at the time of arrest, then you can bail yourself and be the only cosigner. The caveat, however, is that a bail is a cash bail, meaning that you must have the full amount on-hand to be released.

The Department of Justice comes out with and periodically updates its schedule of recommended bail depending on the offense involved. If the accused cannot afford the bail, he or she can file a motion to reduce the bail, which the judge may grant depending on good cause shown.

If you have been arrested for any criminal offense, you are entitled to an emergency bond hearing, which can usually be scheduled within two business days.

After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

14 Cards in this Set The U.S. Supreme Court is the only court established by constitutional mandateTrueAll evidence points to the conclusion that prosecutorial discretion is used toScreen out the weakest casesWhich of the following is the most common reason for prosecutors to reject casesEvidence problems11 more rows

California law also permits courts to reduce bail following a change in circumstances. Specifically, Penal Code § 1289 authorizes a court to reduce the bail if good cause is shown. succeeds in having some charges dismissed, he or she may also be able to reduce your bail.

Nolle Prosequi. The term used when a prosecutor decides to drop a case after a complaint has been formally made. Reasons for a nolle prosequi include evidence insufficiency, reluctance of witnesses to testify, police error, and office policy.

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Broward Florida Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance