South Carolina Agreement to Appear Pursuant to Release on own Recognizance after having been Arrested for A Crime

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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 South Carolina Agreement to Appear Pursuant to Release on Own Recognizance after having been Arrested for a Crime is a legal document that outlines the conditions and terms under which a defendant who has been arrested for a crime can be released from custody without having to post bail. This agreement is commonly referred to as an own recognizance (OR) release. In South Carolina, there are various types of crimes for which an individual may be arrested and subsequently enter into an Agreement to Appear Pursuant to Release on Own Recognizance. These crimes can range from misdemeanors such as petty theft or driving under the influence (DUI) to more serious offenses like assault, drug possession, or burglary. The purpose of this agreement is to allow the defendant to be released from custody temporarily, provided that they fulfill certain conditions and obligations while their case is pending. By signing the document, the defendant agrees to appear in court for all required hearings and proceedings related to their case. Some key terms and conditions typically included in a South Carolina Agreement to Appear Pursuant to Release on Own Recognizance are: 1. Mandatory Court Appearances: The defendant must appear in court as scheduled for arraignments, pretrial hearings, trial dates, and any other necessary court proceedings. 2. No Criminal Offenses: The defendant must not engage in any further criminal activities while released on their own recognizance. Violating this condition may result in the revocation of the agreement and could lead to the issuance of an arrest warrant. 3. Contact Information: The defendant is required to provide accurate contact information to the court, including a valid address and phone number, so they may be contacted regarding any changes to their court schedule. 4. Travel Restrictions: Depending on the seriousness of the crime and other factors, the court may impose travel limitations on the defendant, requiring them to stay within a certain jurisdiction or obtain court permission before leaving the state. 5. Court-Ordered Obligations: The defendant may be subjected to additional court-ordered obligations, such as attending rehabilitation programs, drug testing, community service, or counseling sessions. 6. Reporting Requirements: The defendant may be required to report regularly to a probation officer or some other designated authority, providing updates on their activities and complying with any conditions set by the court. It is important to note that the specific terms of a South Carolina Agreement to Appear Pursuant to Release on Own Recognizance may vary depending on the circumstances of each case, the severity of the crime, and the defendant's criminal history. However, the fundamental purpose behind such an agreement remains the same: ensuring the defendant's presence in court while their case is being adjudicated, without the need for bail.

How to fill out South Carolina Agreement To Appear Pursuant To Release On Own Recognizance After Having Been Arrested For A Crime?

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FAQ

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

After all, judges are not exactly comfortable releasing an individual accused of armed robbery, rape, or murder back into the community. If the general public will be put at risk by granting bail, the judge will decide to deny bail to safeguard community members.

An own recognizance (O.R.) release is a court order that allows a defendant to be released from custody without posting bail. Instead, the defendant signs an agreement promising to appear in court as required and to comply with any conditions imposed by the court. Eligibility for an O.R.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

Own recognizance (OR), also called personal recognizance, means a release, without the requirement of a posting bail, based on a written promise by the defendant to appear in court when required to do so.

If the defendant does not pose a threat to people in the community, they do not have a criminal record, and their crime did not involve violence, they are more likely to get a release on their own recognizance.

Defendants charged with violent felonies as defined by Penal Code § 667.5(c), with serious felonies as defined by Penal Code § 1192.7(c), or with specific domestic violence offenses may not be released on their own recognizance without an open court hearing.

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SECTION 17-15-10. Person charged with noncapital offense may be released on his own recognizance; conditions of release; bond hearing for burglary charges. Under § 17-15-10, any person charged with a non-capital crime must be released pending trial on his own recognizance without surety, unless the judge determines ...After a bond hearing, the individual is either released on bond or on his/her own recognizance, or bond is refused and the individual is taken to jail. The ... Release on personal recognizance — The defendant is released, without having to post bail, upon the condition that he or she will appear at all court dates. Oct 18, 2023 — A defendant will need to sign a written promise to show up at their scheduled court appearance. They still must be deemed eligible for bail by ... Knowing what to expect can make a world of difference. This is a guide to the criminal-justice system for crime victims and interested citizens. by TH Cohen · Cited by 122 — Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on ... Personal recognizance (PR) bonds – once the bond order is processed, the defendant is released “on their own recognizance” without paying money to the court, ... Jun 22, 2023 — If you have been charged with a crime, you may be wondering about bail in South Carolina. We answer your commonly asked questions. Oct 3, 2023 — Unless a judge sets conditions of release, the person remains in jail for the first 48 hours. This requirement applies to the following types of ...

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South Carolina Agreement to Appear Pursuant to Release on own Recognizance after having been Arrested for A Crime