Released on Own Recognizance and You Get in Trouble Again

What is an "OR release"? A onetime DA explains

An "ain recognizance" release lets someone get out of jail later an arrest without having to post bail. Besides known as an "O.R. release," it lets a defendant go based solely on his or promise to appear in court.

Getting out of jail on ane's own recognizance can frequently relieve a criminal accused thousands of dollars in bond costs.

But getting out without bail is not automated (with the exception of Los Angeles County, where near arrestees may get released without bail). And not every arrestee is eligible.

Who is eligible for an "O.R." release in California?

Anyone charged with a California criminal offense can, in theory, be granted an O.R. release unless:

The charged criminal offence is one punishable by expiry,
Letting the defendant out will compromise public condom, or
There are no reasonable assurances that the accused volition appear in court. ¹

As a practical matter, however, defendants often have to fight to be freed from jail without bond. And that's where we come in.

Our lawyers include erstwhile prosecutors and cops. We empathize the California criminal justice system within and out. Every bit a result, we know the almost constructive arguments to convince judges to grant O.R. releases.

To help you amend understand how to get an O.R. release, our California criminal defense lawyers discuss the following, below:

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1. How does someone get out of jail afterward an arrest in California?

In California in that location are three ways to get released from jail after being arrested:

By commendation

With many low-level misdemeanors — such as a "typical" showtime-time DUI arrest – the officeholder will just hand someone a citation to appear.

By posting bond

California bond laws allow people to postal service security for future courtroom appearances. This security is known as "bail."

California law recognizes three forms of bail:

Cash bail,
Bond bonds, or
Property bonds.

As long every bit the arrestee makes his or her courtroom appearances, the bail volition be refunded once the example is resolved. But if the individual fails to appear in court, the bond will be forfeited.

Past an "own recognizance" ("O.R.") release

Sometimes a person tin can get out of jail simply by promising to appear for all court appearances. This is known as an "own recognizance" or "O.R." release.

As bond for many offenses costs thousands of dollars, an O.R. release is oft worth seeking.

2. Who tin go an "own-recognizance" release in California?

Courts tin grant an O.R. release to anyone arrested for a offense in California unless:

1 or more than of the crimes charged is punishable by death,
The release would compromise public safety, or
An O.R. release would not reasonably ensure the individual's advent in court.

Note that OR release is the default rule in Los Angeles County. Only people arrested for serious or vehement felonies may become held on bail. And in all of California, people can no longer be incarcerated solely considering they cannot afford bail. Clear and convincing bear witness is required to show that detention is necessary to protect public safety.^two

three. How does an O.R. release piece of work in California?

Requests for an own recognizance release are usually made during the California arraignment process. The arraignment is when the accused enters a plea and release from jail is determined.

In some counties, however, court officers are on call around the clock to grant O.R. releases.

Some offenses crave a formal adversarial hearing earlier a approximate can release the defendant on his or her ain recognizance. ⁱⁱⁱ These offenses are discussed in Section 4, below.

Otherwise, during the arraignment, the defense force will present arguments in favor of an O.R. release.

The judge may then ask the prosecutor if he or she has:

A point of view almost an O.R. release, or
Whatsoever information that would help the estimate decide whether to grant 1. ⁴

Both of these judicial requests are optional during an arraignment. Judges are simply required to give prosecutors an opportunity to participate in a formal adversarial hearing or a bail hearing.

four. Offenses that crave a formal O.R. release hearing

A approximate is required to concur a formal hearing on an O.R. release if the offense is one set forth in California Penal Lawmaking 1319.5 or California Penal Lawmaking 1270.1.

A formal O.R. release hearing is conducted in the same fashion as a California bail hearing. The prosecutor volition exist allowed to present evidence and argue against an O.R. release.

(As discussed above, O.R. is automatic for nearly crimes in Los Angeles County.)

four.1. Penal Code 1319.v PC offenses

California Penal Code 1319.5 requires a formal hearing for an O.R. release if:

The current offense was allegedly committed while the accused was on felony probation or felony parole; ^v or

The defendant was issued a warrant for a failure to appear three or more times over the three prior years (other than for a Vehicle Code infraction), and the current offense is:

A violation of California'due south criminal street gang ("STEP") laws,
A violation of California's assault and battery laws,
Burglary of a residence nether Penal Code 459, California'southward burglary law,
An offense in which the accused is declared to have been armed with or to have personally used a firearm,
A violation of California domestic violence laws,
An criminal offence in which the accused is alleged to have caused great bodily injury to another person, or
Any other felony criminal offence (unless the defendant is released pursuant to a courtroom-operated pretrial release plan or another pretrial release programme with the court's blessing). ^{half dozen}

4.2. Penal Code 1270.1 PC offenses

California Penal Code 1270.i PC requires a formal hearing for an O.R. release if the crime the accused is accused of is:

A serious felony (such as murder, rape or assault with a deadly weapon),
A violent felony ⁷ (as divers by California law),
Certain violations of Penal Lawmaking 136.1, California's "witness intimidation" law,
A violation of Penal Code 243(e), California's domestic battery constabulary, or
Penal Code 273.6, California's law on violating a protective order, if the alleged violation involved violence, a serious threat of harm, or the defendant going to the victim's home or workplace. ⁸

Note, however, that a defendant charged with a violent felony may non be released O.R. if it appears by articulate and convincing evidence that:

He or she was previously charged with a felony offense, and
While that charge was pending, he or she willfully and without excuse from the court failed to appear in court equally required. ^ix

Man making fist as scared woman cowers in background

Defendants defendant of domestic violence may take a hard fourth dimension securing an own recognizance release in California

5. How can people convince the court to release them from jail without bail?

To get an O.R. release, a defendant will demand to establish that:

The defendant will appear in court every bit required, and
Releasing the accused volition not create a risk of public rubber.

Low-level offenses

Certain offenses are considered lower risks for public safety, such every bit:

A showtime offense for Wellness and Safety Lawmaking 11350, possession of a controlled substance, or
A commencement offense for driving nether the influence.

These are arguably one-off crimes that volition not endanger public safety. So people charged with ane of these offenses if not released on citation are allow keep their ain recognizance.

Factors the judge may consider in deciding whether to release a defendant O.R.

In most cases, a California judge will demand to exist persuaded that a defendant should exist released without bail. Factors the estimate may take into consideration include:

The existence of whatever outstanding felony warrants,
Data contained in a report by the court'south O.R. investigative staff (discussed in department seven, below), and
Any additional data provided by the prosecutor. ¹⁰

6. O.R. release conditions

Judges in California have the right to condition an O.R. release on the accused's agreement to do or not do sure things.¹¹ The of import thing to know is that any O.R. release atmospheric condition must be:

Reasonably related to the charged offense, and
Reasonably expected to farther the goal of public safety.

Example: Omar is charged with commission of a California drug criminal offence. The judge tin allow his O.R. release on the condition that Omar submit to random drug testing.

This condition is reasonable because information technology is aimed at promoting public safety past deterring the specific criminal activity with which Omar is charged.

But if Omar had been charged with the California crime of shoplifting, Penal Code 459.5, such a status would non be reasonable. The connection between shoplifting and drug use is likewise remote to warrant the invasion of privacy that results from drug testing.

Arrestees in LA County who become O.R. may have to bide by some of the post-obit atmospheric condition:

Release to community member, friend, family fellow member or partner with promise to accompany the accused to courtroom
Phone/text/online check-ins with designated agency
Travel Restrictions – order to not leave country, passport give up
Driving prohibitions or restrictions
Stay away order
AA/NA coming together attendance (or like community support groups)
Society to surrender weapon(southward) to law enforcement
Ignition Interlock Device
In-person bank check-ins with designated bureau
Mental wellness treatment
Alcohol abuse handling
Substance abuse treatment
Drug and booze testing
Residential handling program
Home relocation during case pendency
Secure Continuous Remote Booze Monitoring
Electronic monitoring/GPS
Domicile detention¹²

seven. O.R. investigations

Many California court have investigators on staff to research whether defendants are skillful candidates for an O.R. release. ¹³

During such an investigation, courtroom staff may contact a defendant's family unit members, employers, and others. The staff will exist trying to make up one's mind:

The accused'due south grapheme, and
Whether the defendant has potent community ties that brand him/her less of a "flight take chances."

In general, courts do not conduct such an investigation unless the accused requests being let out on his/her ain recognizance.

Just if a court has an investigative staff, it MUST carry an investigative certain cases if the charges involve:

A "fierce felony" (as defined in Penal Code 667.5), or
A DUI resulting in "groovy bodily injury." ¹⁴

8. Should I inquire for an O.R. release or mail bail?

The main advantage to an O.R. release is that it keeps a defendant from having to mail service bail. Since bond can run into the thousands of dollars for many offenses, this tin can be a considerable savings.

Simply, as noted above, asking for an O.R. release can trigger a courtroom investigation. This may not always exist in a defendant's involvement.

As West Covina criminal defense attorney John Murray¹⁵ explains:

"Some defendants would prefer to keep their arrest a underground. Others may want to prevent the courtroom from uncovering information that information technology may not otherwise know virtually. In either case, posting bail may be a better choice."

Defendants who are on probation or parole

Defendants who are currently on probation or parole may too exist amend off posting bail than requesting an O.R. release.

Often if the court finds out that a accused is on parole or probation, information technology volition place a "hold" on the defendant's release.

Merely a defendant who is released before the courtroom discovers he/she is on probation or parole volition usually exist immune to remain free until the case has been resolved.

Defendants who post bond are unremarkably released more apace than those who ask to be let out on their own recognizance.

Thus defendants who are on probation on parole may wish to post bail to become out of jail as quickly as possible.

Disappointed looking female attorney in court in front of male judge

9. O.R. release agreement

California law requires the signature of an "O.R. release understanding" before a defendant can exist released on recognizance. Under this agreement, the accused:

promises to appear for all court dates,
promises to abide past all court-imposed conditions,
promises not to leave the state without first obtaining permission from the court,
waives extradition in the event the defendant fails to announced as required and is apprehended outside California, and
acknowledges that he/she has been informed of the penalties and consequences for failing to appear in court in California. ¹⁶

10. Penalties for failing to appear in courtroom

If a defendant fails to appear in court after an O.R. release, the courtroom will likely issue a California demote warrant for the defendant's arrest. ¹⁷

The court will presume a defendant willfully failed to announced if he or she does non appear within xiv days of the scheduled court engagement.

Punishment for failure to appear depends on whether the defendant was originally charged with a misdemeanor or a felony.

Misdemeanor accuse

If the original charge(s) was/were for one or more than misdemeanors, failing to appear is also a misdemeanor. Penalties for misdemeanor failure to announced can include:

A fine of up to $1,000, and
Up to 1 (one) twelvemonth in county jail. ¹⁸

Felony charge

If the original charge(s) included one or more felony offenses, failing to appear for court is a felony.

Consequences of a felony "failure to appear" can include:

Up to three (iii) years in the California land prison house, and
A maximum $5,000 fine. ¹⁹

Charged with a crime in California? Call usa for help….

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If you lot or loved ane needs legal help getting out of jail we invite yous to contact united states of america for a gratuitous consultation.

Phone call us or fill out the course on this page to speak to an experienced California criminal defense chaser well-nigh your case.

Nosotros have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Embankment, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

We also have Las Vegas and Reno, Nevada offices if you lot need help with an O.R. release in Nevada.

Legal References:

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Source: https://www.shouselaw.com/ca/defense/release/or-release/