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.
In Massachusetts, an Agreement to Appear Pursuant to Release on Own Recognizance (OR) is a legal document that is often issued to individuals who have been arrested for a crime and are not considered a flight risk or threat to public safety. This agreement allows the defendant to be released from custody without having to post bail while their criminal case is pending. The Massachusetts Agreement to Appear Pursuant to Release on Own Recognizance serves as a legally binding commitment between the defendant and the court. By signing this agreement, the accused agrees to appear at all scheduled court proceedings related to their case, including arraignments, pretrial hearings, and trials. The primary purpose of this agreement is to ensure the defendant's compliance with the court's orders and to guarantee their appearance in court. By granting release on own recognizance, the court recognizes the defendant's personal and community ties that indicate their willingness to abide by the law and attend court proceedings voluntarily. It is crucial to note that an Agreement to Appear Pursuant to Release on Own Recognizance is not granted in all criminal cases. Certain factors must be considered, such as the seriousness of the offense, the defendant's criminal history, their ties to the community, employment status, and any potential flight risks or danger to the public. If the court deems the defendant's release on OR appropriate, this agreement is typically authorized. Different types of Massachusetts Agreements to Appear Pursuant to Release on Own Recognizance may exist to cater to various circumstances. Some commonly encountered scenarios include: 1. Juvenile Release on OR Agreement: Specifically designed for minors who have been accused of committing a crime. This type of agreement emphasizes the importance of ensuring the juvenile's appearance in court while taking into account their unique circumstances and the goal of rehabilitation. 2. Domestic Violence OR Agreement: Tailored for cases involving allegations of domestic violence. This agreement may have additional conditions, such as a no-contact order or mandatory counseling, to ensure the safety of the alleged victim. 3. Drug-related Offense OR Agreement: Pertaining to cases involving drug offenses, this agreement might require the defendant to participate in substance abuse programs or undergo periodic drug testing to address any addiction issues. 4. Traffic Offense OR Agreement: In cases involving minor traffic violations or non-violent offenses, this agreement can be used to enable the defendant's release without posting bail. It emphasizes adherence to traffic laws and attending future court hearings. It is important to consult with a legal professional or refer to relevant Massachusetts statutes to obtain accurate and up-to-date information regarding the specific types and requirements of Agreement to Appear Pursuant to Release on Own Recognizance used in the state.
