Delaware Motion for Release on Personal Recognizance

State:
Multi-State
Control #:
US-02632BG
Format:
Word; 
Rich Text
Instant download

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

When do I get my money back on a bond? Bond money or property is released only after a case ends and a final order is entered. You will receive a check from the cashier in the mail or you may come to Family Court to pick it up.

How do I file charges against someone? Criminal charges generally begin with an investigation by a police agency. The Delaware County Prosecutor's Office will conduct investigations regarding Bad Checks through our Bad Check Program. However, most other criminal activity will be referred to a police agency.

Own Recognizance Bail The judicial officer may release a defendant on his/her own recognizance, also known as "OR" bail. The defendant is not required to pay any money, but must sign a bond guaranteeing their appearance for future court appearances.

Cash Only: The defendant and/or a co-signer must pay a designated amount of money to the Court. The defendant and a co-signer, if any, must also sign a bond order guaranteeing the appearance of the defendant at further court proceedings.

The defendant must pay the Court a designated amount of money or post security in the amount of the bail in order to be released. This security can be in the form of cash or property and may be posted by the defendant or by someone on his/her behalf, e.g., a relative or a bail bondsman.

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.

In Delaware, like most states, the cost of a bail bond is set by law. As a consumer, you should know that the fee for the bail bond is set at 10% of the full bail amount.

If you have posted bond and wish to change either the conditions or the amount, you must file a Motion to Modify Bond. A hearing will be scheduled and you will be notified in writing when to attend.

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Delaware Motion for Release on Personal Recognizance