Washington Motion for Release on Personal Recognizance

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US-02632BG
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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.

A Washington Motion for Release on Personal Recognizance, also known as PR, is a legal document filed by a defendant or their attorney, requesting that the court release the accused individual from custody without having to pay bail or provide a surety bond. This motion is based on the defendant's promise to appear in court for all scheduled hearings and comply with any other conditions set by the court. In Washington, there are various types of Motions for Release on Personal Recognizance that can be filed based on the circumstances of the case. Some common types include: 1. Pretrial PR Motion: Typically filed before the defendant's trial or hearing, this motion requests the court to release the accused from custody until the case is resolved. To support the motion, the defendant's attorney may argue that the individual does not pose a flight risk, has strong community ties, or has no prior criminal history. 2. Post-Conviction PR Motion: In some cases, after a conviction, a defendant may file a motion requesting release on personal recognizance while awaiting sentencing or pursuing an appeal. The motion may argue that the defendant is not a danger to society, has a solid support system, and has shown good behavior since the conviction. 3. Bond Modification PR Motion: If a defendant has already been released on bail or bond but subsequently encounters financial difficulties or changes in personal circumstances, they may file a motion to modify their release conditions. For instance, the motion could request conversion from a surety bond to personal recognizance. 4. Probation Violation PR Motion: If a previously sentenced individual violates the conditions of their probation, they may file a motion for release on personal recognizance pending the resolution of the probation violation matter. The motion may argue that the violation was minor or unintentional and that the defendant is committed to complying with all future probationary requirements. In all of these motions, the defendant's attorney will need to persuasively argue the defendant's ties to the community, lack of prior criminal history, employment status, family support, and any other relevant factors to demonstrate that the defendant is not a flight risk or a danger to the community. However, it is important to note that the decision to grant a Motion for Release on Personal Recognizance lies solely with the judge, who will evaluate the specific circumstances of the case and potentially impose additional conditions upon release.

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FAQ

Personal Recognizance Release: A type of release that is based on the defendant's promise to appear. A PR release eliminates the need to post bail to obtain release.

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. Eligibility for an O.R.

Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

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.

If the defendant does not pose a threat to people in the community, they do not have a criminal record, and their crime did not involve violence, they are more likely to get a release on their own recognizance.

Defendants charged with violent felonies as defined by Penal Code § 667.5(c), with serious felonies as defined by Penal Code § 1192.7(c), or with specific domestic violence offenses may not be released on their own recognizance without an open court hearing.

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.

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Upon the courts own motion or a verified application by the prosecuting authority alleging with specificity that an accused has willfully violated a condition. Upon the court's own motion or a verified application by the prosecuting attorney alleging with specificity that an accused has willfully violated a condition.Jan 16, 2020 — A Section 3142(b) release order must be conditioned on a defendant's agreement to "not commit a Federal, State, or local crime during the period ... Prosecutor. Conduct preliminary criminal history check of the defendant. Prepare and file information and declaration of probable cause. Nov 15, 2022 — Here are the steps in the adult court process and what factors a judge might consider when deciding whether to release a suspect. If an inmate is being released from jail either on personal recognizance or bail being posted, what time will the inmate be released? ... Assistance in completing ... Feb 14, 2017 — Motion to modify release conditions shall state the requested modification, e.g., reduce bail or release on personal recognizance or modify no ... A defendant failing to comply with release conditions is subject to modification of release conditions and revocation of release on personal recognizance. (2). The judge makes the decision whether to release a defendant with “promise to return” on “personal recognizance” also known as “PR,” to set a bail amount, or ... (1) The pretrial release interview form, if any, completed by either a bail interviewer or by the defense counsel. (2) By the prosecuting attorney, insofar as ...

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Washington Motion for Release on Personal Recognizance