South Carolina Motion for Release on Personal Recognizance

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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 Motion for Release on Personal Recognizance is a legal document filed by the defendant in a criminal case to request their release from custody without having to pay bail or provide a surety bond. This motion is typically filed by defendants who believe they pose no flight risk or threat to the community and should be allowed to await their trial date outside of jail. Keywords: South Carolina, motion for release, personal recognizance, defendant, criminal case, custody, bail, surety bond, flight risk, threat to the community, trial date. There are several types of South Carolina Motions for Release on Personal Recognizance that can be filed depending on the circumstances of the case: 1. Pretrial Release: This type of motion is filed before the trial begins, usually soon after the defendant has been arrested. The goal is to secure the defendant's release from jail while awaiting trial without the imposition of bail. 2. Post-Conviction Release: In some cases, defendants might file a motion for release on personal recognizance even after being convicted. This usually occurs when there are ongoing legal proceedings, such as an appeal, and the defendant presents compelling reasons why they should be released pending those proceedings. 3. Bond Modification: A defendant who has already been granted bail or a surety bond may file a motion for release on personal recognizance to request a modification of the conditions. This motion seeks to change the terms of release to PR, eliminating the need for the defendant to continue paying bail or securing a bond. 4. Quick Release: In certain instances, defendants who have limited criminal histories, strong community ties, and are charged with minor offenses may file a motion for quick release on personal recognizance. This motion aims to expedite the release process, allowing the defendant to return to their daily activities promptly without spending unnecessary time in jail. Overall, a South Carolina Motion for Release on Personal Recognizance is a legal tool used by defendants to request their release without having to provide bail or a surety bond. It is designed to ensure fairness in the criminal justice system and allows eligible defendants to avoid unnecessary pretrial detention.

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How to fill out South Carolina Motion For Release On Personal Recognizance?

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FAQ

There is no constitutional right to a personal recognizance (PR) bond in SC, but Article I, § 15 of the SC Constitution does place limits on bonds in SC: All persons have the right to bail, except. Persons charged with capital offenses, life imprisonment, or violent offenses (defined in SC Code § 16-1-60), and.

Getting released on your own recognizance, or OR, means you don't have to post bail or a bond in order to be released from custody following an arrest.

A. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her own recognizance. B. O.R.

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.

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.

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.

Release on recognizance (ROR): The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

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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. The judge who issues the bench warrant should be the one to release the prisoner and only a circuit judge can grant bond for a person arrested for a parole ...When released on a personal recognizance bond, a defendant gives the court ... To get a bond modification, file a Motion to Reconsider Bond with the Clerk of ... In these cases, the defendant's attorney will need to file a motion to set bond ... There is no constitutional right to a personal recognizance (PR) bond in SC ... Jun 8, 2021 — Personal Recognizance Bond (PR Bond). If you are granted a PR bond, the court agrees to release you in exchange for your promise to return ... Jul 22, 2021 — South Carolina law states that the longest you can be held without a bond hearing is 24 hours. Many bond hearings are set within eight to twelve ... This page is designed to enhance your understanding of the criminal court system in South Carolina. Read it start to finish for a comprehensive overview, ... Oct 21, 2022 — See S.C. Code Ann. § 38-. 53-10(14). The bondsman must file the motion with and pay the appropriate fee to the clerk of court. The fee is ... Jul 17, 2019 — RELEASE FROM CUSTODY. 46.01: Security. Unless a personal recognizance or an unsecured bond is authorized for a defendant or a material ... Need an attorney for a Charleston bond hearing? Call an experienced Charleston, South Carolina criminal defense attorney at (843) 530-7813.

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South Carolina Motion for Release on Personal Recognizance