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.
A motion for release on personal recognizance in New Jersey is a legal request made by a defendant or their attorney to the court, seeking the defendant's release from custody without the need for posting bail. This type of motion allows defendants to be released based on their promise to attend all court proceedings and comply with any conditions set by the court, rather than requiring them to provide financial security. New Jersey recognizes different types of motions for release on personal recognizance, which include: 1. Pretrial Release: This type of motion is typically filed before a trial begins. It argues that the defendant poses no flight risk, is not a danger to the community, and will appear in court as required. Factors considered by the court to determine eligibility for pretrial release include the nature of the crime, the defendant's ties to the community, employment status, criminal record, and any history of failure to appear in court. 2. Release Pending Appeal: This motion is filed after a conviction and before the defendant begins serving their sentence. It argues that there are substantial grounds for appeal and that the defendant is not a flight risk or a danger to society. The court may grant release on personal recognizance, provided the defendant complies with any conditions imposed, such as regular reporting to a probation officer. 3. Medical Release: In certain cases, where a defendant has serious medical conditions that cannot adequately be addressed while in custody, a motion for medical release on personal recognizance can be filed. This motion must be supported by medical documentation and the assurance that the defendant will receive appropriate medical care and follow-up while being released. 4. Youthful Offender Release: New Jersey recognizes that juveniles involved in non-violent offenses may be best served by release on personal recognizance. This allows defendants under the age of 18 to be released without bail but with specific conditions, such as curfew or mandatory counseling, aimed at their rehabilitation and reintegration into society. Motions for release on personal recognizance in New Jersey are significant because they provide an opportunity for defendants to regain their freedom while awaiting trial, pending appeal, or due to specific circumstances. However, it's important to note that the court will carefully evaluate each case individually before granting such a motion, ensuring that the defendant will not pose a risk of flight or danger to the community.
