Release on recognizance, also known as release on own recognizance, is a process where an arrested individual is allowed to leave jail before their trial without having to pay money or provide a surety. Instead, they provide a written promise to return to court on a later date. Recognizance is a legal term that signifies a commitment to fulfil certain obligations or conditions, such as appearing in court or repaying a debt. It can also refer to a bail bond that ensures the defendant’s appearance in court. The individual making the promise is referred to as the recognizor, while the one benefiting from the promise is called the recognizee.
Release on recognizance, also known as ROR or release on own recognizance, is a process where an individual who has been arrested can be released from custody before their trial without having to pay bail or provide a surety. Instead, they are required to provide a written promise to appear in court at a later date. This option is typically offered for minor offences such as traffic violations, allowing the individual to return home without any financial obligations. The purpose of release on recognizance is to reduce the number of incarcerated individuals awaiting trial. It is generally granted to individuals who are not considered a flight risk or a threat to the community.
Release on recognizance is a legal term that refers to the release of a defendant from custody without the need for bail or a bond. It is typically granted to individuals who are considered low flight risks and pose no danger to the community.
Eligibility for release on recognizance depends on various factors, including the nature of the offense, the defendant’s criminal history, ties to the community, employment status, and the likelihood of appearing in court. Generally, non-violent offenders with strong community ties and no prior criminal record are more likely to be considered for ROR.
When a defendant is granted release on recognizance, they are released from custody without having to pay bail or post a bond. Instead, they sign a written agreement promising to appear in court for all scheduled hearings and comply with any other conditions set by the court, such as attending counseling or refraining from contacting certain individuals.
Yes, release on recognizance can be denied if the court determines that the defendant poses a flight risk or a danger to the community. Factors such as a history of failing to appear in court, prior convictions, or the seriousness of the offense can influence the court’s decision.
If a defendant fails to appear in court as required after being released on recognizance, a warrant may be issued for their arrest. Additionally, the court may impose additional penalties, such as revoking their release and requiring them to post bail or a bond.
Yes, the conditions of release on recognizance can be modified by the court. If there is a change in circumstances or if the defendant requests a modification, the court may consider adjusting the conditions, such as adding or removing certain requirements.
While release on recognizance is more commonly granted for non-violent offenses, it is possible for defendants charged with more serious crimes to be released on recognizance. However, the court will carefully consider the circumstances of the case and the defendant’s background before making a decision.
Yes, a defendant can request release on recognizance through their attorney or by making a formal request to the court. It is ultimately up to the court to decide whether to grant or deny the request.
Generally, release on recognizance does not require the defendant to pay any fees or costs. However, the court may impose certain conditions, such as requiring the defendant to pay for electronic monitoring if deemed necessary.
Yes, release on recognizance can be revoked if the defendant violates any of the conditions set by the court. This can result in the defendant being taken back into custody and potentially facing additional penalties.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/release-on-recognizance/
- Modern Language Association (MLA):Release On Recognizance. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/release-on-recognizance/.
- Chicago Manual of Style (CMS):Release On Recognizance. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/release-on-recognizance/ (accessed: May 09 2024).
- American Psychological Association (APA):Release On Recognizance. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/release-on-recognizance/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts