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 South Dakota Motion for Release on Personal Recognizance is a legal document filed to request the release of an individual from custody without having to post bail. This motion allows defendants to be released based on their recognition, without having to pay a specific amount of money as bail. By submitting this motion, the defendant seeks to obtain their freedom while awaiting trial or other legal proceedings. A Motion for Release on Personal Recognizance is typically filed in situations where the defendant is not considered a flight risk or a danger to the community and has strong ties to the community. Factors such as community involvement, stable employment, and family relations are often taken into consideration when determining a defendant's eligibility for release on personal recognizance. There are several types of South Dakota Motion for Release on Personal Recognizance, including but not limited to: 1. Pre-Trial Release Motion: This motion is filed before the trial begins, typically by the defendant's attorney or the defendant themselves. It aims to secure the defendant's release from custody until their trial commences. 2. Post-Conviction Release Motion: After a conviction, a defendant may file this motion to request release on personal recognizance while awaiting sentencing. The court reviews factors such as the severity of the crime and the defendant's prior criminal history to determine if release is appropriate. 3. Appeal Release Motion: This motion is filed after a defendant's conviction and during the appeal process. The purpose of this motion is to secure the defendant's release from custody while their case is being reviewed by a higher court. 4. Bond Modification or Reduction Motion: In certain cases, a defendant may initially be unable to afford the set bail amount. In such situations, a motion can be filed to request a modification or reduction of the bond to enable the defendant's release on personal recognizance. Keywords: South Dakota, Motion for Release on Personal Recognizance, custody, bail, freedom, trial, legal proceedings, flight risk, danger to the community, community involvement, stable employment, family relations, pre-trial release, post-conviction release, appeal release, bond modification, reduction of bond.
