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.
The New York Agreement to Appear Pursuant to Release on Own Recognizance (ROR) is a legal provision in the state of New York that allows individuals who have been arrested for a crime to be released from custody without having to post bail. Instead, they are required to sign an agreement promising to appear in court for their future hearings and comply with any other conditions set forth by the court. The ROR process is an alternative to pretrial detention, and it aims to ensure the defendant's appearance in court while also addressing overcrowding issues in jails and promoting fairness in the criminal justice system. This agreement is granted based on an assessment of several factors, such as the severity of the offense, the defendant's criminal history, ties to the community, employment status, and the likelihood of flight or danger to the community. By agreeing to be released on their own recognizance, individuals can avoid the financial burden of posting bail, which can be a substantial amount of money. This provision supports the principle that a person is innocent until proven guilty and should not be held in custody solely due to their inability to pay bail. In New York, there are several types of ROR agreements: 1. Non-Monetary ROR: This is the most common type of ROR agreement, where the defendant is released without the requirement of posting bail or paying any monetary amount. They only need to sign a document promising to appear in court and obey any conditions set by the court. 2. Supervised ROR: In some cases, the court may require supervision of the defendant during their release. This can involve regular check-ins with a probation officer or other designated person, drug testing, or participation in specific programs such as counseling or community service. 3. Conditional ROR: When a defendant presents a higher risk of not appearing in court or poses a potential danger to the community, the court may impose additional conditions to the ROR agreement. These conditions can include wearing an electronic monitoring device, adhering to a curfew, surrendering travel documents, or abstaining from drugs and alcohol. It is important to note that an ROR release is dependent on the judge's discretion and the circumstances of each case. The agreement to appear pursuant to release on own recognizance provides an opportunity for individuals charged with a crime to continue their lives outside of custody while awaiting their court proceedings, but it comes with the responsibility of fulfilling their obligations to the court.
