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.
Rhode Island Motion for Release on Personal Recognizance (ROR) is a legal document filed by a defendant or their attorney in the state of Rhode Island to request release from custody before trial without the need to post bail or provide a bond. This motion is based on the notion that the defendant is not a flight risk and does not pose a threat to the community. Keywords: Rhode Island, Motion for Release, Personal Recognizance, ROR, defendant, attorney, custody, trial, bail, bond, flight risk, community. Types of Rhode Island Motions for Release on Personal Recognizance: 1. Pretrial ROR Motion: A pretrial ROR motion is filed by a defendant or their attorney prior to their trial. It highlights the reasons why the defendant should be released on their own recognizance, such as strong ties to the community, lack of prior criminal history, stable employment, or family responsibilities. The court assesses the likelihood of the defendant appearing for trial and considers the potential danger they may pose to the community. 2. Post-conviction ROR Motion: A post-conviction ROR motion is filed after a defendant has been convicted but is awaiting sentencing. This motion seeks the defendant's release from custody until the sentencing hearing. The objective is to allow the defendant to continue with their daily life and tie up loose ends before facing the consequences of their conviction. 3. ROR Motion for Bail Modification: In cases where a defendant has already been granted bail but is unable to afford it, their attorney may file an ROR motion for bail modification. The motion argues for the bail amount to be reduced or converted into a personal recognizance release, taking into account the defendant's financial circumstances, employment status, and community ties. 4. ROR Motion in Juvenile Cases: Juvenile defendants in Rhode Island may also have the option to file an ROR motion. This motion emphasizes the unique circumstances and considerations associated with juvenile defendants, such as their age, lack of criminal history, family support, and educational commitments. It is important to note that the court's decision to grant an ROR motion relies on various factors, including the seriousness of the charges, the defendant's criminal record, ties to the community, risk of flight, potential danger to the community, and the strength of the arguments presented in the motion. Overall, Rhode Island Motion for Release on Personal Recognizance provides defendants with an opportunity to secure their release from custody without posting bail, ensuring that their individual circumstances and accountability are taken into account while awaiting trial or sentencing.
