West Virginia 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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FAQ

§62-1C-1. A person arrested for an offense punishable by life imprisonment may, in the discretion of the court that will have jurisdiction to try the offense, be admitted to bail.

If the defendant is in custody at the time of arraignment, after the defendant enters a plea (responds to the charges), the judge will: ? Release the defendant on his or her ?own recognizance? (which means the defendant promises to return to court on a specified date), OR.

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.

A ?release on one's one recognizance? is a court's decision to allow a person charged with a crime to remain at liberty pending the trial, without having to post bail.

A. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her own recognizance. B. O.R.

Every person charged by presentment or indictment with a felony or misdemeanor and, remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him ...

What does it mean if a judge releases a defendant on personal recognizance? the defendant has adequate ties to the community and can be expected to return to court. definition - personal recognizance. a release for legal custody based on a defendant's promise to show up for trial. In a grand jury proceeding....

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.

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West Virginia Motion for Release on Personal Recognizance