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 the North Carolina criminal justice system, a Motion for Release on Personal Recognizance is a legal document that requests the release of an accused individual from custody without the need for posting bail or other forms of securement. This motion seeks to release the defendant based on their own promise to appear at all required court hearings and comply with any other conditions set by the court. The concept of personal recognizance release is rooted in the belief that individuals are innocent until proven guilty and should not be unnecessarily detained, especially if they do not pose a flight risk or potential danger to the community. The motion is typically filed by the defendant's attorney and presents arguments and evidence to support the request for release on personal recognizance. There are several types of North Carolina Motion for Release on Personal Recognizance, tailored to specific circumstances and individuals. These include: 1. Pretrial Release Motion: This motion is filed prior to the defendant's trial and aims to secure their release until the trial date. It involves presenting compelling evidence that the accused individual is unlikely to flee or engage in criminal activity while awaiting trial. 2. Post-Conviction Release Motion: Filed after a defendant has been convicted, this motion seeks their release pending sentencing or during the appeals process. It may focus on factors such as the severity of the offense, the defendant's ties to the community, and the likelihood of success on appeal. 3. Probation Violation Release Motion: This motion comes into play when an individual on probation in North Carolina is alleged to have violated the terms of their probation. It seeks the defendant's release while the violation is being addressed, potentially allowing them an opportunity to rectify the issue without additional incarceration. The court considers several factors when deciding whether to grant a Motion for Release on Personal Recognizance in North Carolina. These factors include the nature and seriousness of the charges, the defendant's criminal history, their ties to the community, employment status, family support, and any potential flight risk. Additionally, the court takes into account the recommendations of the pretrial services' agency, if available, which conducts risk assessments to help determine the appropriateness of release on personal recognizance. It is important to note that the availability and conditions of release on personal recognizance can vary depending on the specific circumstances, the judge presiding over the case, and any local or state laws that may influence the decision-making process. Therefore, seeking the guidance of an experienced attorney familiar with North Carolina criminal law is crucial when preparing and filing a Motion for Release on Personal Recognizance.
