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.
Montana Motion for Release on Personal Recognizance is a legal document filed by a defendant to request release from custody without having to pay bail or provide any form of security. This motion is often submitted by the accused or their legal counsel to the court, and it seeks the court's approval to release the defendant on their own recognizance (OR) until the trial or resolution of the case. Keywords: Montana, motion for release, personal recognizance, defendant, custody, bail, security, legal document, court, accused, legal counsel, approval, trial, resolution, own recognizance. In Montana, there are different types of Motion for Release on Personal Recognizance depending on the circumstances of the case: 1. Pretrial Motion for Release on Personal Recognizance: This motion is filed prior to the trial, typically during the early stages of the criminal proceedings. It aims to secure the defendant's release from custody without the need for posting bail or providing collateral while awaiting trial. 2. Post-conviction Motion for Release on Personal Recognizance: This motion is filed after the defendant has been convicted of a crime but before the sentencing stage. It requests the court to release the defendant on their own recognizance instead of keeping them in custody until the sentencing hearing. 3. Motion for Release on Personal Recognizance Pending Appeal: If a defendant intends to appeal their conviction or sentence, they may file this motion seeking release on their own recognizance while the appeal process is underway. This type of motion is applicable after the trial and during the appellate stage. These Montana motions for personal recognizance release emphasize the defendant's commitment to appearing in court for all required proceedings and ensure that the defendant can maintain their normal life and responsibilities while their case is being adjudicated. The court will consider factors such as the nature of the offense, the defendant's ties to the community, their criminal history, flight risk, and the likelihood of future appearances in determining whether to grant the motion. Note: While this response provides a general description of Montana Motion for Release on Personal Recognizance, it is essential to consult with a licensed attorney or legal professional for accurate and specific advice related to individual cases and circumstances.
