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.
Wisconsin Motion for Release on Personal Recognizance is a legal process that allows individuals accused of a crime to be released from custody without having to pay bail. It is often requested to secure a defendant's release from jail pending trial, based on their promise to return to court for proceedings. Keywords: Wisconsin, Motion for Release, Personal Recognizance, bail, custody, defendant, jail, trial, court, proceedings. In Wisconsin, there are different types of motions for release on personal recognizance, which include: 1. Pretrial Release: This type of motion is commonly filed before a trial begins, and it seeks the defendant's release from custody on personal recognizance. Personal recognizance implies that the individual will be released based on their promise to appear in court for all required hearings and comply with any specific conditions set by the judge. 2. Post-Conviction Release: In certain cases, a motion for release on personal recognizance can be filed after a defendant has been convicted but is awaiting sentencing. This motion aims to secure their release from custody until the sentencing hearing, allowing them to fulfill personal obligations or demonstrate good behavior before judgment. 3. Release on Personal Recognizance with Conditions: This type of motion requests the defendant's release but proposes specific conditions they must adhere to while out of custody. These conditions may include regular check-ins with a probation officer, attending mandated treatment programs, refraining from alcohol or drug use, or maintaining employment. 4. Revocation of Bail: In some instances, a defendant who has previously been released on bail may violate the conditions set by the court. This violation can lead to a motion to revoke bail, requiring the defendant's return to custody. However, in certain circumstances, a motion for release on personal recognizance can be filed as an alternative, accompanied by stricter conditions to ensure the defendant's compliance. It's important to note that the decision to grant a Wisconsin Motion for Release on Personal Recognizance ultimately rests with the judge, who considers factors such as the defendant's criminal history, flight risk, ties to the community, and potential danger to the public. The defendant's attorney usually submits the motion, providing persuasive arguments to support the request and assurance of the defendant's responsible behavior if released.