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.
The Colorado Motion for Release on Personal Recognizance is a legal document that allows individuals who are under arrest or facing criminal charges to request their release from custody without having to post bail or provide any financial guarantees. This motion is commonly used when the defendant's risk of flight or threat to the community is minimal, and when there is a high likelihood of their appearance in court. This motion can be filed by the defendant or their attorney and is usually considered by a judge during a bail hearing. The judge will assess various factors, such as the nature of the offense, the defendant's ties to the community, criminal history, employment status, financial capability, and any other relevant information before making a decision. By filing a Motion for Release on Personal Recognizance, the defendant is essentially requesting to be released from custody based on their promise to appear in court for all required hearings and to abide by any conditions set by the court. There are different types of situations in which a Colorado Motion for Release on Personal Recognizance may be relevant: 1. Pretrial Release: This motion is commonly filed by defendants awaiting trial or those who have been arrested but have not yet been convicted of any crime. It allows individuals to be released from jail or detention while awaiting trial, minimizing the disruption to their personal and professional lives. 2. Bond Modification: In some cases, a defendant who is unable to afford the bond amount set by the court may file a motion to request a modification, seeking release on personal recognizance instead of paying bail. This modification can be granted if the court determines that the defendant poses no flight risk or danger to the community. 3. Probation Violation: If a person on probation is accused of violating the terms of their probation, they may file a motion for release on personal recognizance during the subsequent hearing. This motion allows the individual to be released from custody until the violation charges are resolved. In conclusion, the Colorado Motion for Release on Personal Recognizance is a legal avenue that allows defendants to request their release from custody without posting bail. Factors such as the nature of the offense, criminal history, and ties to the community are considered by the court before granting or denying the motion. It is applicable in various situations such as pretrial release, bond modification, and probation violation hearings.