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 New York Motion for Release on Personal Recognizance is a legal document filed in a criminal case in New York State, specifically requesting the court to release a defendant from custody without the need to post bail or provide any form of financial security. This motion is typically filed by the defendant's attorney, seeking the court's permission to release the defendant on their own personal recognizance, based on certain circumstances, facts, or legal requirements. The concept of personal recognizance allows the court to release an individual accused of a crime based on their promise to appear in court as required, without the need for monetary conditions. It is considered an alternative to imposing bail, which can be a financial burden for many individuals and can significantly impact those with limited financial resources. When filing a New York Motion for Release on Personal Recognizance, it is important to include relevant information about the defendant's background, ties to the community, employment status, family circumstances, prior criminal record (if any), the nature of the offense committed, and any other pertinent details that may aid in persuading the court to grant the release on personal recognizance. In New York, there are different types of motions for release on personal recognizance. These may include: 1. Pretrial Motion for Release on Personal Recognizance: This motion is typically filed by the defendant's attorney during the pretrial stages of a criminal case, before the trial commences. It aims to secure the defendant's release from custody until the trial date. 2. Motion for Release on Personal Recognizance pending Appeal: If a defendant has been convicted of a crime and is serving their sentence, they may file a motion for release on personal recognizance pending appeal. This motion requests the court to release the defendant while the appeals process is underway. 3. Motion for Release on Personal Recognizance after Conviction: In some cases, after a defendant is convicted of a crime, their attorney can file a motion for release on personal recognizance, seeking the court's permission to release the defendant pending sentencing or during the appeals process. When drafting a New York Motion for Release on Personal Recognizance, it is important to follow the applicable legal procedures, provide compelling arguments, and present sufficient evidence to support the request. The motion should be prepared in a clear and concise manner, ensuring that all relevant information is included, and should be filed with the appropriate court and served to the prosecution.
