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".
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.
California Motion for Release on Personal Recognizance is a legal document that requests the court to allow an individual accused of a crime to be released from custody without having to pay bail or providing any form of collateral. This motion is filed by the defendant's attorney or the defendant themselves, to argue that they should be released on their own recognizance, without any financial burden or restrictions. The purpose of this motion is to ensure that a defendant who is not considered a flight risk or a danger to the community can be released while awaiting trial or resolution of their case. By granting the motion, the court allows the defendant to be released from jail, provided they promise to appear in court for all required hearings and comply with any other conditions imposed by the court. There are different types of California Motions for Release on Personal Recognizance, each serving a specific purpose. Some common types include: 1. Pretrial Release Motion: This motion is filed before trial, typically by the defendant's attorney, to request the court to release the defendant on their own recognizance. It argues that the defendant poses no threat to society and is likely to appear in court when required. 2. Post-conviction Release Motion: Filed after a conviction, this motion seeks the defendant's release pending appeal. It presents legal arguments supporting the defendant's right to remain free until their conviction is reviewed by a higher court. 3. Prearrangement Release Motion: This type of motion is filed before the defendant's arraignment, when they are formally charged with a crime. It aims to secure their release without having to post bail, based on factors such as community ties, lack of criminal history, and the nature of the offense. 4. Pre-sentence Release Motion: Filed before the defendant's sentencing hearing, this motion requests the court to release the defendant on personal recognizance until the sentencing date. It argues that the defendant will not pose a flight risk or danger to the community during this period. In conclusion, a California Motion for Release on Personal Recognizance is a legal tool used to request a defendant's release from custody without having to pay bail. Different types of motions are available depending on the stage of the legal process, aiming to secure the defendant's release based on their minimal flight risk and lack of danger to the community.
