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.
Hawaii Motion for Release on Personal Recognizance is a legal document filed in the courts of the Hawaiian Islands. This motion requests the release of an individual from custody without requiring them to post bail or provide a bond. It is based on the understanding that the accused will appear for their scheduled court appearances and comply with any conditions set by the court. The primary purpose of a Motion for Release on Personal Recognizance is to ensure that individuals who are arrested are not unjustly detained if they pose little flight risk or threat to the community. By granting release on personal recognizance, the court emphasizes the presumption of innocence until proven guilty and avoids unnecessary pretrial detention. In Hawaii, different types of motions for release on personal recognizance may exist, depending on the circumstances and nature of the case. Some common types include: 1. Pretrial Release Motion: This motion is typically filed by the defendant's attorney before or during arraignment. It highlights factors such as strong community ties, stable employment, lack of a criminal record, and a history of appearing in court, which support the argument for release on personal recognizance. 2. Reconsideration Motion: If a defendant is initially denied release on personal recognizance, their attorney may file a reconsideration motion. This motion presents new evidence, changes in circumstances, or other compelling arguments that were not previously considered, in order to persuade the court to grant release. 3. Bail Reduction Motion: In cases where bail has been set at an unreasonably high amount, the defense may file a motion to reduce the bail to an affordable level or request release on personal recognizance instead. This motion highlights the defendant's financial situation, ability to pay, and lack of flight risk or danger to the community. It is essential to note that each case is unique, and the specific details of the motion may vary based on the circumstances, jurisdiction, and the presiding judge's interpretation of the law. It is crucial to consult with an experienced attorney who can navigate the intricacies of the legal system and tailor the motion to the specific needs of the case. Overall, the Hawaii Motion for Release on Personal Recognizance serves as a means to protect the rights of individuals awaiting trial, encouraging them to participate actively in their defense while respecting their presumption of innocence.
