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.
Ohio Motion for Release on Personal Recognizance A Motion for Release on Personal Recognizance is a legal document that allows individuals who have been arrested or charged with a crime in the state of Ohio to request their release from custody without having to post bail. This motion is typically filed by the defendant's attorney and presented to the court during the pretrial stage of the criminal proceedings. When a defendant files a Motion for Release on Personal Recognizance, they are essentially asking the court to trust that they will show up for all future court appearances without the need for monetary incentive. The defendant must provide compelling reasons to justify their release on personal recognizance, such as strong community ties, a stable employment history, and a minimal risk of flight or danger to the public. It is important to note that the court will carefully assess the defendant's risk level before granting this motion. If the court finds that the defendant poses a flight risk, poses a danger to the public, or has a history of failing to appear in court, the chances of being granted personal recognizance may be diminished. However, if the court approves the Motion for Release on Personal Recognizance, the defendant will be released from custody without having to pay bail. Instead, they will be required to sign a written promise (PR bond) agreeing to appear in court for all scheduled proceedings, abide by any additional court orders, such as travel restrictions or no-contact orders, and cooperate fully with the ongoing investigation. In Ohio, there are several types of Motions for Release on Personal Recognizance that can be filed based on specific circumstances: 1. Pretrial Release: This motion is filed when a defendant wants to be released pending trial. The defendant must demonstrate to the court that they are not a danger to the community and have strong ties that ensure their appearance at all court proceedings. 2. Release after Conviction: Once a defendant has been convicted of a crime, they may file a motion for release on personal recognizance while awaiting sentencing or pending appeal. The court will consider factors such as the severity of the offense, criminal history, and likelihood of flight. 3. Release from Probation or Parole: In some cases, defendants currently serving probation or parole may file a motion for release on personal recognizance if they can demonstrate compliance with the terms of their supervision and pose minimal risk to society. Overall, the Ohio Motion for Release on Personal Recognizance provides an opportunity for defendants to secure their temporary release from custody without having to pay bail. It is crucial for individuals to work closely with their attorney to build a strong case, present compelling evidence, and address any concerns raised by the court to maximize their chances of being granted personal recognizance.