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Upon your arrest in California, one of the initial questions is how you would secure your pretrial release. It means posting bail or the judge granting you an own recognizance release. Bail is the amount of money you post with the court to guarantee that you will attend future court hearings. On the other hand, own recognizance release is when the court allows you out of police custody without bail based on your promise to abide by your release terms, including making future court hearings. Getting out of jail without bail does not happen automatically, and not all suspects qualify for the O.R. release. A seasoned bondsman can help you navigate your release process and understand what you should know about own recognizance vs bail.

What Does an Own Recognizance Release Mean?

Own recognizance is a pretrial release from police custody based on a defendant's promise to make scheduled court appearances. Own recognizance release means getting out of jail without bail or using a bondsman.

Sometimes, a police department or court can automatically grant the O.R. release in less severe misdemeanor cases, like shoplifting or simple driving under the influence cases, where the accused is not a risk to community safety or likely to flee California.

Even when the judge sets a bail amount, you or your defense attorney can request own recognizance release at arraignment (initial court hearing after your arrest). Some counties have court officers available 24/7 to grant the R.O.R.

Getting out of jail without bail can involve the judge instructing an O.R. official to investigate your background. The report's details could assist the judge in deciding the potential risk of releasing you on your own recognizance. The O.R. officer might analyze all relevant factors, including interviewing the suspect’s loved ones, friends, coworkers, and community members. The officer can advise the judge whether to grant or deny the suspect’s release request based on the investigative information. Although the judge might consider the officer’s report, they do not have to adhere to it. You can present proof to counter the O.R. officer’s findings, and the judge could consider the evidence if they choose.

Arguments you can use to convince the judge to grant the O.R. release include the following:

  • You are trustworthy and will attend all your court hearings
  • You are a responsible citizen
  • You are less likely to flee the jurisdiction, and your release is in the interest of the California criminal judicial system.
  • You have strong community ties..
  • You will distance yourself from meeting the alleged victim(s)
  • You do not have a history of violence
  • You are financially stable

Please note that the judge will not grant you the R.O.R. if any of the following is true:

  • Your alleged criminal charges are severe
  • Your release will compromise public safety
  • There is no guarantee that you will attend your court hearings

Some crimes require an adversarial hearing before the court can release the accused on O.R. The hearing is identical to a bail hearing, and the prosecution can present proof to argue against getting released without bail. These crimes are as follows:

Penal Code Section 1319.5

Penal Code Section 1319.5 will require a hearing for your R.O.R. if:

  • You committed the current crime while on a felony parole or felony probation
  • You were issued a warrant for an FTA at least three times within the last three years, and your current crime is a battery, residential burglary, a crime in which you were armed or used a gun, you caused great bodily injuries to somebody else, and domestic violence.

PC 1270.1 Crimes

PC 1270.1 will require a hearing for your R.O.R. if you are accused of any of the following:

  • A violent felony
  • A serious felony like assault using a deadly weapon
  • Domestic battery
  • Breaking a restraining order if the alleged crime involved serious threats of harm, visiting the alleged victim's workplace or home, or violence
  • Witness intimidation

Please note that an accused person prosecuted for a violent felony cannot be granted R.O.R. if there is evidence that:

  • You have a previous felony charge.
  • While the criminal charges were pending, you, without excuse from the court, willfully missed court.

Terms and Conditions of a R.O.R

The main rule of your recognizance release is to make all your scheduled court appearances. Your defense lawyer can attend specific court proceedings on your behalf.

One variation between own recognizance vs bail is that the judge determines your release conditions. It differs from bail since you or your lawyer can recommend specific bail terms and conditions, especially if the judge hesitates to grant your bail request.

Examples of own recognizance terms include the following:

  • Undergoing alcohol and substance abuse treatment
  • Undergoing mental health treatment
  • Checking in with the court or a designated authority regularly
  • Home detention
  • Complying with a protective order

Bail Algorithms Impact Own Recognizance Release

Bail algorithms play a crucial role in helping the judge determine a defendant’s bail. Bail algorithms are statistical models assessing whether a suspect will likely attend court or commit another offense before their court date. The algorithms may generate a recommendation or score. Bail algorithms can consider and eradicate bias. A suspect who attains a favorable result through the algorithm will likely secure their recognizance release.

Even if you cannot secure release on your own recognizance, you can persuade the judge to reduce your bail amount to enable you to post it more easily.

Consequences of Not Attending Court After Getting Out of Jail Without Bail

If you fail to appear for your scheduled court dates, the judge could issue an order for a failure to appear (FTA) charge. The order can result in your immediate arrest. A failure to appear arrest warrant is called a bench warrant.

The seriousness of the FTA charge is determined by the underlying criminal offense you are facing. You could face additional charges depending on the case circumstances. You may be prosecuted for a misdemeanor punishable by a fine of $1,000 and a six-month county jail sentence if the initial offense was a misdemeanor. A willful FTA while facing a felony carries a fine of $5,000 and time in jail.

You should avoid going directly to court if there is an active bench warrant against you. Your bondsman and defense lawyer can use effective steps, evidence, and arguments to persuade the judge to quash your bench warrant and release you on O.R.

Advantages of Getting Out of Jail Without Bail

Getting released without bail has numerous benefits for the judicial system and the suspect. These pros include the following:

  • Cost savings — Regarding own recognizance vs bail, with the R.O.R., suspects do not have to pay any amount to the court upfront, relieving you and your family of the financial burden. The monetary relief can enable you to focus on building a strong defense.
  • Continued daily routine — Upon their release from custody on their own recognizance, suspects may progress with their everyday lives. They could continue working, looking after their family, and maintaining community ties, contributing significantly to society.
  • Lowers jail overcrowding — Own recognizance helps lower jail overcrowding by permitting low-risk suspects to go home. Doing so frees resources and space for higher-risk defendants, ensuring law enforcers manage detention facilities better.
  • Increase the possibility of a successful defense — You have a better chance of preparing and defending against charges against you after securing an own recognizance release. Without the restrictions of being in custody, you can partner with your attorney, collect evidence, and develop an effective defense strategy. Enhanced accessibility to legal resources may result in more favorable case outcomes.

Defining Bail

Bail is the money a defendant deposits with the court to secure their release from custody while awaiting trial. The objective of bail is to encourage individuals to attend court when required. If a defendant skips court, the court forfeits bail money.

The court conducts a bail hearing to decide whether to grant bail, and if so, under what release terms and conditions.

During the bail hearing, the prosecution team and the defense attorney will present arguments against and for bail. The prosecution's arguments can include information about the defendant’s case, their background, criminal record, community ties, and other necessary details.

When determining whether to set bail, the judge will consider factors that include the following:

  • The nature of the criminal charges
  • Criminal record
  • The strength of the available evidence
  • Employment status and family ties
  • The suspect’s immigration status
  • The threat the defendant poses to public safety
  • The defendant’s character and mental well-being
  • If the accused has in the past failed to show up for their court dates

If the court grants the suspect bail, it might impose certain conditions like the following:

  • Regular check-ins with the court or probation department
  • Travel limitations
  • Surrendering firearms
  • Driving restrictions
  • Wearing an electronic monitoring device
  • An order to reside at a specific residence
  • Enrolling in a mental or drug treatment program

How You Can Post Bail

Once you are arraigned for a crime and the court has granted you bail, you can post your bail in any of the following ways:

  • Cash bail – Cash bail is a straightforward option. It entails posting the full bail amount in cash or a cashier’s check.
  • Surety bonds — Surety bail bonds are offered by bondsmen if the defendant cannot raise enough money to post bail upfront. The bondsman will require the suspect or their co-signer to sign a contract agreeing to pay a non-refundable premium and appear in court.
  • Property bonds – You can also use your asset to post bail. The property can be real estate, jewelry, or vehicles. The collective value of your collateral should be equivalent to or higher than that of the bail amount.

What Happens When You Jump Bail

When you skip your scheduled court proceeding, you will face failure to appear (FTA) criminal charges on top of the underlying criminal charge, depending on your case facts. You will face a misdemeanor FTA charge if the primary charge was a California misdemeanor, and a felony FTA charge if the underlying charge was a felony.

Moreover, the judge could do any of the following:

  • Order the forfeiture of the money or collateral you used to secure the release
  • Order an arrest warrant against you
  • Revoke the pretrial release
  • Impose additional release conditions or set a higher bail amount

Benefits of Bail

Advantages of bail include the following:

  • Enables the defendant to continue fulfilling family obligations and working
  • Allows the suspect to enjoy emotional support from loved ones
  • It provides the defendant ample time to prepare proof before trial and meet with lawyers.
  • Provides a suspect with a good incentive to return to court, avoiding additional charges
  • Stops a defendant from spending weeks or months in custody awaiting their court appearance.

Own recognizance vs bail: Which is Better?

Essential factors to consider when determining between own recognizance vs bail include the following:

  • Eligibility — If you are not eligible for an own recognizance release due to your criminal record, the seriousness of the criminal charges, or any other factors, posting bail may be the only option for securing your release.
  • Financial considerations — Since R.O.R. does not require the suspect to post bail, it can significantly benefit defendants with minimal resources. On the contrary, bail may be expensive even when a suspect enlists a bondsman.
  • Conditions of release — Own recognizance releases can have court-imposed conditions, like counselling, drug testing, or travel restrictions. Sometimes suspects prefer to post bail to avoid these conditions.
  • Speed of release — Own recognizance may be more time-consuming than posting bail, since it requires a formal hearing and court approval. If a fast release is crucial, posting bail could be your preferred option.
  • It is wise to post bail rather than pursue an R.O.R. if you are currently on parole or probation. Once the court learns that you are on probation or parole, it will place a hold on your release. However, if you are released before the judge discovers you are on parole or probation, you can remain free until your case is resolved.

Find a Knowledgeable Bail Bonds Service Provider Near Me

Release on your own recognizance and bail are key parts of the California criminal judicial process, offering you, the accused, the opportunity to secure a release from police custody while awaiting your trial. While they might seem straightforward on the surface, there are many complexities regarding own recognizance vs bail. Bail is the money you pay the court to secure your release. With an O.R. release, the court will release you based on your promise to appear in court when required and comply with the imposed conditions; it involves getting out of jail without bail. The knowledgeable bondsmen at Alana’s Bail Bonds can answer your questions and guide you on securing your release. Please contact us at 619-468-9333 to book your initial consultation.