Also known as: recognizances · recognize · recognizes · recognized · recognizing · recognizee · recognizor · recognitor · recognisance
Written by attorneys · grounded in primary & secondary sources — see below
A bond or obligation acknowledged in court by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace.
Raphael Rivera was charged with a felony. The court released him after he acknowledged a penal sum in open court, promising to appear at all proceedings. When Rivera failed to appear, the court forfeited the recognizance and issued a bench warrant.
Ricardo Rojas threatened a neighbor. The judge required Rojas to enter a recognizance in a fixed amount conditioned on keeping the peace for one year. Any breach would trigger forfeiture of the sum to the state.
Riley Rivera faced federal charges. The district court released her on her own recognizance after she acknowledged in writing her duty to appear for all hearings. The acknowledgment created an enforceable obligation without a surety.
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Renee Rogers obtained a custody determination in another state. The forum court enforced it after Rogers posted a recognizance guaranteeing compliance with visitation terms. Breach would have resulted in forfeiture and possible modification.
Rina Rahman petitioned to adopt. The court required a recognizance from the prospective adoptive parents to ensure they would complete all statutory steps and return the child if the petition failed.
Rosalind Reed promised in court to complete construction by a set date. The judge accepted the promise as a recognizance, enforceable by forfeiture if Reed breached the acknowledged duty.
Release on recognizance occurs when a court accepts a defendant's in-court acknowledgment of an obligation to appear, without requiring cash or a surety bond. The defendant remains free but faces forfeiture and re-arrest upon breach.
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A recognizance is an unsecured promise acknowledged in court. A bail bond requires a surety or cash deposit that the court can collect if the defendant fails to appear. Both create enforceable obligations, but recognizance relies solely on the defendant's personal acknowledgment.
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The court may declare the obligation forfeited. The penal sum becomes due, and the court can issue process to compel performance or collect the amount, treating the breach as a default on the acknowledged duty.
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Yes. Courts accept recognizances in civil matters such as custody enforcement or adoption proceedings to secure compliance with orders. The mechanism remains an in-court acknowledgment of a conditional obligation.
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…its appellate jurisdiction and may declare a mandamus to be one. The power does not depend on implication alone; it has been recognized by legislative provision and in judicial decisions. Congress, by a law passed at the first session after the adoption of the Constitution (the Judiciary Act), expressly gave the Supreme…