Legal Definitions - recognizance

A recognizance is a formal promise or agreement made by an individual directly to a court. In this agreement, the person commits to performing a specific action, such as appearing for a future court date, or refraining from certain behavior, like contacting a particular individual. This promise often carries a financial penalty, known as a penal sum, which the person would owe if they fail to uphold their commitment. It's essentially the court's way of ensuring compliance with its orders or the law, based on the individual's solemn word.

Here are some examples of how a recognizance might be used:

• Example 1: Maintaining the Peace

  After a series of escalating disputes between two neighbors, Ms. Rodriguez and Mr. Lee, a judge orders Ms. Rodriguez to enter into a recognizance. In this formal agreement, Ms. Rodriguez promises the court that she will refrain from any further harassment or unwanted contact with Mr. Lee for a period of one year. The recognizance specifies that if she violates this promise, she will be required to pay a predetermined sum of money to the court.

  This illustrates a recognizance as a formal promise made to the court to abstain from specific behavior (harassment, unwanted contact) for a set duration, with a potential financial penalty if the promise is broken.

• Example 2: Conditions of Release

  Mr. Thompson is arrested for a non-violent offense and is awaiting trial. The judge decides to release him from custody before his court date, but with certain conditions. Mr. Thompson signs a recognizance, formally promising the court that he will reside at a specific address, report weekly to a designated supervision officer, and not leave the county without prior court approval. The agreement states that if he fails to meet any of these conditions, he will forfeit a specified amount of money.

  Here, the recognizance serves as a formal agreement with the court, outlining specific actions Mr. Thompson must perform (reporting, residing at an address) and restrictions he must observe (not leaving the county) as a condition of his temporary freedom, backed by a potential financial consequence.

• Example 3: Ensuring Witness Appearance

  During a complex civil lawsuit, a key expert witness, Dr. Evans, is scheduled to testify. Due to Dr. Evans's extensive international travel, the court is concerned about ensuring her presence on the exact trial date. To guarantee her appearance, the court requires Dr. Evans to enter into a recognizance, formally promising to appear in court on the scheduled date to provide her testimony. This agreement stipulates a financial penalty that Dr. Evans would owe if she fails to appear without a valid, court-approved reason.

  This demonstrates a recognizance as a formal promise to perform a specific act (appearing in court to testify) at a future date, with a financial consequence if the promise is not kept.