Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
What does being "released on your own recognizance" mean, and how can this legal status impact your future? Discover the potential benefits and risks associated with this type of release, including the conditions that must be met to avoid serious consequences.
This article will explore the nuances of being released on your own recognizance and what you need to know if you or a loved one is granted this legal option.
Who Qualifies for an OR Release?
Individuals who are considered low-risk for failing to appear in court and do not pose a danger to the community may qualify for an OR release.
Judges may consider the following factors when determining whether a defendant's release on their own recognizance is appropriate:
- The severity of the charges
- The defendant’s criminal record
- The defendant’s ties to the community
- The likelihood that the defendant will return to court
- The defendant’s threat to public safety.
However, even if a defendant demonstrates that he or she will appear in court and is not a risk to the public, he or she is not guaranteed to be released.
Who is the Least Likely to be Granted a Pretrial Release?
Individuals who are considered a flight risk, have a history of failing to appear in court, or are at high risk of not attending future court appearances may be issued a failure to appear order by the judge.
The higher the bail amount set, the lower the probability of release. About 70% of defendants are able to secure release when bail is less than $5,000, but this percentage drops to 10% when bail is $100,000 or more. Murder defendants are the least likely to be released pre-trial.
Read Also: Colorado PR Bond Explained
What is the Most Common Form of Pretrial Release?
Bail is the most common type of pretrial release, especially for serious offenses.
Whether you are facing charges for misdemeanor shoplifting or a violent felony, you're entitled to a bail hearing. Although pretrial release rates are generally low for serious crimes, those who are able to secure release tend to do so through bail.
What is Fail to Comply with Recognizance?
Failure to Comply with Recognizance is a commonly laid offense that typically results in jail time upon conviction.
Violating a supervisory order imposed pending a criminal charge is an offense against the Administration of Justice.
What is the Punishment for Failure to Appear After an OR Release?
Failure to appear after a release on own recognizance is punishable by a fine.
Examples of OR statutes by state include:
- California - Own recognizance release is governed by California Penal Code Sections 1270 and 1318 to 1320.
- Texas - Own recognizance is governed by Articles 17.03, 17.04, and 15.17 of the Texas Code of Criminal Procedure.
- Ohio - Own recognizance is governed by Ohio Revised Code Sections 2937.29 and 2937.99.
Emergency Action Guide: What to Do If You’re Just Arrested
Getting arrested can be overwhelming, but taking immediate steps can help ensure a smoother process. If you or a loved one is seeking Own Recognizance (OR) release, here’s what you need to do:
Step 1: Confirm Custody Status
Within the first two hours, contact the jail or detention facility to confirm the individual’s custody status. Ask for details such as:
- The facility where they are being held.
- The date and time for the arraignment hearing.
This information is critical for planning the next steps.
Step 2: Gather Important Information
To increase the chances of an OR release, you must provide documentation demonstrating strong ties to the community and a low flight risk. Start by collecting:
- Identification: A government-issued ID is essential.
- Proof of Residence: Utility bills or a lease agreement showing a stable living situation.
- Employment Verification: Pay stubs, employment letters, or other documents proving steady work.
- Character References: Letters from reputable individuals (e.g., employers, community leaders) that vouch for good character.
Having these documents ready before the arraignment will show the court that the individual is responsible and unlikely to flee.
Step 3: Build a Case for Release
OR release depends on proving community ties and low risk. Focus on:
- Documenting employment and residence stability.
- Highlighting involvement in community activities.
- Demonstrating no prior criminal history, if applicable.
The stronger the case, the higher the likelihood of being granted OR release.
Should I Ask for an OR Release or Post Bail?
The main advantage of an OR release is that it keeps a defendant from having to post bail. Since bail can run into many thousands of dollars depending on the offense level, this can be extremely helpful to many defendants.
However, an OR release can prompt a court investigation. This may not always be in a defendant’s interest, as some may prefer to keep their arrest a secret. Others may want to prevent the court from uncovering information that it may not otherwise would have. In either case, posting bail may be a better option.
FAQs
What are the benefits of being released on recognizance?
Benefits include not having to pay bail, maintaining freedom while awaiting trial, and being able to continue with daily life activities such as work and family responsibilities.
What if I am denied ROR?
If denied ROR, you may still be eligible for bail. Consult with your attorney to explore other options for release, such as posting bail or seeking a bail reduction.
Can ROR be granted for multiple charges?
Yes, ROR can be granted for multiple charges, depending on the nature of the charges and the defendant's overall suitability for release. The court will consider the totality of the circumstances.
Also Read: Can Charges Be Dropped at an Arraignment?
Get a Free Lawsuit Evaluation With Our Lawyers
The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was injured, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.