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.
Nebraska Motion for Release on Personal Recognizance is a legal document filed by a defendant requesting the court to release them from custody pending trial, without having to pay bail or secure a bond. This motion is generally reserved for non-violent and low-risk individuals who present minimal flight risks or public safety concerns. Personal recognizance, also known as OR (Own Recognizance) release, allows the defendant to be released from jail based on their promise to appear in court for all proceedings. This alternative to pretrial detention is seen as a way to alleviate jail overcrowding, provide fair treatment, and save resources. The Nebraska Motion for Release on Personal Recognizance includes specific details about the defendant's personal background, ties to the community, employment history, previous criminal record (if any), and the nature of the alleged offense. This persuasive document aims to convince the court that the defendant is reliable, trustworthy, and poses no immediate danger to society if released. The following are different types of Nebraska Motions for Release on Personal Recognizance: 1. General Motion for Release on Personal Recognizance: Filed by defendants seeking release based on their good character, strong community ties, and minimal risk of fleeing or reoffending. 2. Medical/Health Related Motion for Release on Personal Recognizance: This type of motion is filed when a defendant has significant health issues that require specialized medical care or treatment is not available in the detention facility. It presents supporting medical documentation to demonstrate the necessity of release. 3. Family Related Motion for Release on Personal Recognizance: Filed by defendants who are primary caregivers, such as single parents or individuals responsible for the care of dependents. This motion highlights the importance of maintaining familial responsibilities and ensuring the well-being of children or elderly family members, which could be compromised due to the defendant's pretrial detention. 4. Employment Related Motion for Release on Personal Recognizance: Defendants who can prove that their release is crucial to maintaining employment or educational opportunities may file this motion. They have to demonstrate that their continued incarceration would result in a loss of employment, hinder their education, or negatively impact their future prospects. 5. Substance Abuse or Mental Health Treatment Related Motion for Release on Personal Recognizance: This motion is filed by defendants who require specialized treatment or rehabilitation for substance abuse or mental health issues. It presents evidence of the defendant's commitment to rehabilitation and the existence of suitable programs outside the detention facility that can address their specific needs. It is essential to consult an attorney or legal professional in Nebraska for guidance on the specific requirements and process of filing a Motion for Release on Personal Recognizance, as the details and procedures may vary based on the jurisdiction and individual circumstances.
