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North Carolina Agreement to Appear Pursuant to Release on own Recognizance after having been Arrested for A Crime

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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.

In North Carolina, an "Agreement to Appear Pursuant to Release on Own Recognizance" refers to a legal document that allows individuals who have been arrested for a crime to be released from custody without having to post bail. This agreement is granted to defendants who are considered low flight risks, non-violent offenders, or those who present minimal danger to society. When a person is arrested for a crime in North Carolina, they may have the option to be released on their own recognizance (ROR). This means that instead of being held in jail until their trial, they can be released with the promise to appear in court for scheduled hearings and proceedings related to their case. The North Carolina Agreement to Appear Pursuant to Release on Own Recognizance outlines the terms and conditions that the defendant must abide by while awaiting trial. Failure to comply with these requirements can result in the revocation of the ROR status, leading to their arrest and detention until the trial date. Some common conditions that may be included in the agreement are: 1. Mandatory court appearances: The defendant must attend all court hearings and proceedings as scheduled, including arraignment, pretrial conferences, and the trial itself. 2. Communication updates: Defendants are typically required to provide accurate contact information to the court and keep them updated about any changes in their address or phone number throughout the case. 3. No further criminal activity: The defendant must refrain from committing any additional crimes while on ROR. Engaging in illegal activities during this period can result in immediate arrest and potential denial of future ROR opportunities. 4. Compliance with court orders: Any conditions imposed by the court, such as attending counseling, drug testing, or avoiding contact with certain individuals, must be strictly adhered to. 5. Travel restrictions: In some cases, defendants may be prohibited from leaving the state or the country without prior approval from the court. This is to ensure their availability during the trial. It is important to note that the specific terms and conditions of the Agreement to Appear Pursuant to Release on Own Recognizance may vary depending on the nature of the crime, the defendant's criminal history, and the judge's discretion. Different types of North Carolina agreements to appear on ROR may exist for various offenses, such as misdemeanors, traffic violations, or minor drug offenses. Each type will have its own specific requirements and conditions tailored to the circumstances of the case. In conclusion, the North Carolina Agreement to Appear Pursuant to Release on Own Recognizance provides individuals arrested for a crime with an opportunity to be released from custody without the need for bail. It outlines the obligations and responsibilities the defendant must fulfill while awaiting trial, such as attending court hearings, respecting court orders, and refraining from further criminal activities. Different types of agreements may exist depending on the offense, each with its own set of conditions.

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FAQ

Own recognizance (OR), also called personal recognizance, means a release, without the requirement of a posting bail, based on a written promise by the defendant to appear in court when required to do so.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

In some cases, that means the judge sets a financial bail. In others, it may be that the defendant is released on their own recognizance (OR). Own recognizance release means that the defendant does not have to pay anything to get out of jail. Instead, they are let out on their promise to return to court.

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.

Release on recognizance gets you out of jail based on a promise to appear in court. In other words, a judge agrees to let you out of jail in exchange for your word that you'll show up for all your future court dates?plus a signed contract to that effect. It's essentially a get-out-of-jail-free card.

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.

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Oct 3, 2023 — Defendants generally have a right to reasonable conditions of pretrial release -- except for defendants charged with first-degree murder. Mar 1, 2022 — The written promise to appear may be selected by the magistrate as the form of pretrial release upon the magistrate's finding that such form ...First Appearance: At the first appearance, a District Court Judge will infonn the defendant of the charges against him or her, ensure that the defendant has a ... by TH Cohen · Cited by 122 — Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on ... Oct 18, 2023 — A defendant will need to sign a written promise to show up at their scheduled court appearance. They still must be deemed eligible for bail by ... • Release on his or her own recognizance;. • Release on non ... Of the defendants who are released, 97% finish the pretrial period without being arrested on. Own recognizance release is granted after the court considers the seriousness of the offense, and the suspect's criminal record, threat to the community and ... Bench warrants are orders that are issued by a judge or “from the bench” that notify you that you failed to obey a court order and may give authority to law ... A personal recognizance bond allows the defendant to be released from jail without posting bail or putting up a deposit. Find bail release information at ... The order of release must be filed with the clerk and a copy given the defendant and any surety, or the agent thereof who is executing the bond for the ...

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North Carolina Agreement to Appear Pursuant to Release on own Recognizance after having been Arrested for A Crime