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Mississippi Motion for Release on Personal Recognizance

Category:
Criminal - Recognizances
State:
Multi-State
Control #:
US-02632BG
Format:
Word; 
Rich Text
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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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How to fill out Motion For Release On Personal Recognizance?

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FAQ

A: Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if evidence has been lost ...

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.

Chapter 17 - Trial. § 99-17-1. Indictments to be tried within 270 days of arraignment. Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.

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.

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.

Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. When arraignment cannot be held within the time specified because the defendant is in custody elsewhere, it shall be held as soon as possible.

(a) When a defendant has been detained in custody or held to bail for the defendant's appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not ...

Under the speedy trial statute, the prosecution has 270 days AFTER arraignment to bring a case to trial; however, under the Mississippi and U.S. Constitutions, that time frame can be significantly shorter.

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