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

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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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FAQ

Three Types of Bail in Virginia Bail is the pre-trial release of an accused person upon certain terms and conditions set by a judge or magistrate. Bond is the actual posting of or promise to pay a certain amount of money determined by a judge or magistrate to ensure that the person complies with the terms of his bail.

Video: How Bail Bonds Work in Virginia Bail bonds in Virginia costs 10% of the total bail. If the bail set is $10,000 the bail bond fee would be $1000. The bail fee is a non-refundable fee paid to the Virginia bail bondsman.

Virginia still uses a secured bond or ?money bail? for all levels of offenses, including misdemeanors. This is when a person accused of a crime is ordered to pay a certain amount of money to be free before trial.

If the magistrate orders that a person be held without bond, that person will then be taken to the local jail and held there until their first court appearance. This usually happens within 1-3 days from when they were arrested.

If you can't pay the bail the court has set, you won't be able to get released from jail. Therefore, you will have to remain in jail until the date the court has set for your trial. Not being able to post your bail can be a difficult and stressful situation.

When a person, under recognizance in a case, either as party or witness, fails to perform the condition of appearance thereof, if it is to appear before a court of record, or a district court, the court shall record the default therein, and shall issue a notice of default within five days of the breach of the condition ...

If the magistrate judge does not set a bond, you will be placed in a jail cell and held until your trial date or until you file a bond motion in the correct court.

A motion to reconsider is a way for someone to request that the court to review their sentence after their trial is over, when the sentencing order may otherwise be final. The motion must be submitted in writing and there is no explicit time frame the court must follow in granting or denying the motion.

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