No Bail Required: Understanding "Own Recognizance"

Law Blog

If you have been arrested and jailed, you are very likely making every effort to get out. While jailed, you cannot work at your job, see to your family, or work on proving your innocence. In some cases, you are offered bail, but in other cases you are released without having to post a single dime. Read on for more information about being released on your own recognizance.

What is bail, and why is it sometimes waived?

Bail can be considered a kind of insurance policy paid to ensure that you will show up on your appointed court date. When you are released under the "no bail" provision, that payment is waived. Instead, you make a promise to return for your court date in the form of a written statement. Often, this statement will contain other related requirements. For example, if you were arrested for domestic violence, you must pledge that you will have no contact with the alleged victim in the case. Additionally, you are typically ordered not to leave town and to report in periodically. The potential for you to be offered to be released on your own recognizance (O.R.) is closely related to the factors that go into setting bail amounts, when bail is set.

Factors affecting O.R. releases

• How severe the charges are (for example, a murder charge suspect is highly unlikely to be released without bail)
• The criminal record of the defendant.
• How much of a danger to the general public or to specific individuals the suspect might be.
• The ties to the community, such as jobs, family, education, and more.

Other conditions affecting O.R. releases

• Some reckless driving or DUI defendants may be required to surrender their vehicles or their driver's license until the trial is complete and to refrain from driving.
• Some DUI and drug possession suspects must attend substance abuse classes and meetings, and in some cases, they may even be remanded to a residential or outpatient drug treatment center.
• Suspects with ties outside the country may have to surrender their passports.
• Suspects with gang ties may be ordered to not associate with other gang members.
• If the charges are tied to violence, the suspect may be ordered to attend victim awareness classes or anger management training.

It should be noted that people released with these conditions must comply with the conditions or face jail without bail until their case is heard. For more information about being released on your own recognizance, speak to a criminal defense attorney at a law firm such as the Law office of Don W. Bonner.

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24 August 2017