Collin Texas Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance

State:
Multi-State
County:
Collin
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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  • Preview Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance

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FAQ

Q: How do I bond an inmate out? A: Surety bond: one would go through an approved Collin County Bond Company. Visit Bail Bond Board for an updated list. Cash bond: one would bring the total amount of bond in cash to the Collin County Detention Facility.

If the accused is charged with an offense the penalty of which is death, reclusion perpetua, or life imprisonment, then his or her entitlement to bail is based on the discretion of the trial court. The accused may file a petition for bail to determine whether evidence of guilt is strong.

Usually, magistration happens within a couple of hours following a person's arrest, but sometimes it can take a day or two, depending on the severity of the charge. According to Texas law, the cash bail amount must be set within 24 hours of arrests for misdemeanor offenses, and 48 hours after arrests for felony crimes.

Motions for Bond Reductions are filed in Court when a person can't afford to get out of jail. Hiring a private criminal defense attorney may get you a court hearing quicker. It's a hearing where your lawyer asks the judge for a lower bond amount.

If you want to revoke a bond, contact the agent as soon as possible. The agent will inform the court, and the defendant will be detained until he or she can arrange bail by another means. There may be fees associated with revoking a bond, which the agent will explain to you.

Bond Reduction Requirements and Hearing Texas requires a court to lower bail when a defendant has been held in jail for 90 days or more without an indictment. In exchange for a bond reduction, you can suggest certain conditions like electronic monitoring. This signals to the court that you won't flee before your trial.

Defendant's Request to Reduce Bail The constitutional protections, as well as the Bail Reform Act (a federal statute), give a defendant the right to request lower bail when the amount initially set by the court is too high to pay. A defendant can request a hearing to seek a bail reduction.

To get someone out of jail, the whole fine must be paid, or in some circumstances, the judge will allow a payment plan to be set up and release the individual. You may also go through a bond agency. If you wish to pay the FULL amount of a fine or bond you can pay by credit card online.

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).

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Collin Texas Affidavit in Support of Motion for Reduction of Amount of Bail or Release of Defendant on Own Recognizance