Wake North Carolina Motion for Release on Personal Recognizance

State:
Multi-State
County:
Wake
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.

Wake North Carolina Motion for Release on Personal Recognizance is a legal procedure that allows an accused individual to seek release from custody without having to pay bail or secure a bond. This motion is typically filed by the defendant or their attorney to request the court's permission for their release pending the outcome of their criminal case. In Wake County, North Carolina, there are several types of motions for release on personal recognizance that can be filed based on the specific circumstances of the case. These include: 1. Pretrial Release Motion: This motion is submitted by the defendant or their attorney during the pretrial stage of the criminal proceedings. It seeks the court's consideration to release the defendant on their own recognizance, based on factors such as the defendant's ties to the community, employment status, criminal history, and the nature of the charges. 2. Post-Conviction Release Motion: If a defendant has already been convicted but wishes to be released pending an appeal or post-conviction relief, they or their attorney can file this motion. The purpose is to convince the court that the defendant poses no flight risk or danger to the community and should be allowed to be free during the appeal or relief process. 3. Bond Modification Motion: In situations where a defendant has already been granted bail or a bond, but is unable to fulfill the financial requirements, they can file a bond modification motion. This motion requests the court to convert their existing bail/bond into a personal recognizance release, allowing them to be released without the need for financial security. 4. Motion for Release on Personal Recognizance with Conditions: In certain cases, the court may still require some level of supervision or conditions upon the defendant's release. This may include requirements such as regular check-ins with a pretrial services officer, drug testing, electronic monitoring, or participation in counseling programs. The defendant or their attorney can file this motion to propose specific conditions that will ensure their appearance in court and mitigate any potential risks. It is important to note that the availability and success of a Wake North Carolina Motion for Release on Personal Recognizance will depend on various factors, including the severity of the charges, the defendant's criminal history, flight risk, and public safety considerations. The court will carefully evaluate each motion on a case-by-case basis to determine whether the defendant is eligible for release on personal recognizance.

Wake North Carolina Motion for Release on Personal Recognizance is a legal procedure that allows an accused individual to seek release from custody without having to pay bail or secure a bond. This motion is typically filed by the defendant or their attorney to request the court's permission for their release pending the outcome of their criminal case. In Wake County, North Carolina, there are several types of motions for release on personal recognizance that can be filed based on the specific circumstances of the case. These include: 1. Pretrial Release Motion: This motion is submitted by the defendant or their attorney during the pretrial stage of the criminal proceedings. It seeks the court's consideration to release the defendant on their own recognizance, based on factors such as the defendant's ties to the community, employment status, criminal history, and the nature of the charges. 2. Post-Conviction Release Motion: If a defendant has already been convicted but wishes to be released pending an appeal or post-conviction relief, they or their attorney can file this motion. The purpose is to convince the court that the defendant poses no flight risk or danger to the community and should be allowed to be free during the appeal or relief process. 3. Bond Modification Motion: In situations where a defendant has already been granted bail or a bond, but is unable to fulfill the financial requirements, they can file a bond modification motion. This motion requests the court to convert their existing bail/bond into a personal recognizance release, allowing them to be released without the need for financial security. 4. Motion for Release on Personal Recognizance with Conditions: In certain cases, the court may still require some level of supervision or conditions upon the defendant's release. This may include requirements such as regular check-ins with a pretrial services officer, drug testing, electronic monitoring, or participation in counseling programs. The defendant or their attorney can file this motion to propose specific conditions that will ensure their appearance in court and mitigate any potential risks. It is important to note that the availability and success of a Wake North Carolina Motion for Release on Personal Recognizance will depend on various factors, including the severity of the charges, the defendant's criminal history, flight risk, and public safety considerations. The court will carefully evaluate each motion on a case-by-case basis to determine whether the defendant is eligible for release on personal recognizance.

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Wake North Carolina Motion for Release on Personal Recognizance