Massachusetts Motion for Release on Personal Recognizance

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Multi-State
Control #:
US-02632BG
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Word; 
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Description

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.

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FAQ

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.

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.

MGL c 276 §58A allows the Commonwealth to request at arraignment that a defendant be detained without bail because the defendant, if released, would pose a danger to another person or the community.

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.

Release on recognizance gets you out of jail based on a promise to appear in court. In other words, a judge agrees to let you out of jail in exchange for your word that you'll show up for all your future court dates?plus a signed contract to that effect. It's essentially a get-out-of-jail-free card.

A defendant or the Commonwealth shall have the right and opportunity to apply to a single justice of the Supreme Judicial Court, in the form and manner prescribed by a standing order of that court, for leave to appeal an order determining a motion to suppress evidence prior to trial.

If the defendant is in custody at the time of arraignment, after the defendant enters a plea (responds to the charges), the judge will: ? Release the defendant on his or her ?own recognizance? (which means the defendant promises to return to court on a specified date), OR.

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.

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Massachusetts Motion for Release on Personal Recognizance