Indiana Motion for Release on Personal Recognizance

State:
Multi-State
Control #:
US-02632BG
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".


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

If the defendant does not pose a threat to people in the community, they do not have a criminal record, and their crime did not involve violence, they are more likely to get a release on their own recognizance.

For someone who is charged with a minor offense or does not have any criminal history, the judge may determine that they can be released on their own recognizance, or OR'd. This means they are released without having to pay a cash bond or surety bond and are simply given a new date to return to court.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

Release on recognizance (ROR): The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

Defendants charged with violent felonies as defined by Penal Code § 667.5(c), with serious felonies as defined by Penal Code § 1192.7(c), or with specific domestic violence offenses may not be released on their own recognizance without an open court hearing.

Getting released on your own recognizance, or OR, means you don't have to post bail or a bond in order to be released from custody following an arrest.

A. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her own recognizance. B. O.R.

If the defendant is in custody at the time of arraignment, after the defendant enters a plea (responds to the charges), the judge will: ? Release the defendant on his or her ?own recognizance? (which means the defendant promises to return to court on a specified date), OR.

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Indiana Motion for Release on Personal Recognizance