Own recognizance release, or “O.R” refers to a defendant’s release on their own recognizance after being charged with a crime. If you are released on your own recognizance, you will not need to post a bail bond, which can be costly. This means the defendant can fight their charges in a California state court from outside custody. At the Law Offices of Gregory H. Comings, we understand the nuances of own-recognizance release and can help to present a favorable case to the judge. Because the judge determines whether a defendant is granted own recognizance release, it is important to retain a defense attorney with extensive knowledge and experience. Riverside lawyer Gregory H. Comings is prepared to represent you throughout all stages of your case. Whether you are facing charges for assault and battery, domestic violence, or another crime, he works to increase the possibility of securing an own recognizance release in your case.
Typically, if you have been charged with a minor crime, or a non-violent misdemeanor, you may be released on your own recognizance. Felony criminal charges typically require bail. It is up to the judge to determine whether to set a bail or allow a defendant to be released, with no bail, on the promise they return to court for all future appearances. Often, defendants will be required to sign written promises to appear at scheduled court appearances.
Even if a defendant is granted a release on their own recognizance, the judge may deem them eligible for bail. In order to stay out of jail, they must meet certain requirements. Examples include meeting a probation officer regularly, or refraining from certain activities. If these requirements are not met, the defendant may be subject to arrest even though they had been released without bond.
Judges evaluate whether to grant an own recognizance release. They consider different factors, including past criminal history, severity of criminal charges, and recorded good behavior within the community. Judges may also look to whether the defendant is attached to the community, through family or work. It is more likely for a defendant to secure a release on their own recognizance if they do not have a previous criminal record, and they committed a non-violent crime. Family or other individuals may make an appearance in support of the defendant's request for release. A skilled defense attorney can assist in making the determination whether this is appropriate.
If the judge does not grant a release on your own recognizance, you may be able to convince the judge to lower your bail. This can make it easier to pay the bond.
In certain jurisdictions, an OR officer will conduct an investigation into the defendant’s background. The purpose of the investigation is to prepare a report that assists the judge in determining the level of risk posed by the defendant’s own-recognizance release. The OR officer may talk to the defendant’s family, or representatives of the defendant’s employer, for example. Ultimately, the OR officer will recommend granting or denying the defendant’s request for release. A judge is not required to follow this recommendation. And in some situations, the defendant may set forth their own evidence that counters that of the OR officer.
At the Law Offices of Gregory H. Comings we understand the significance of being released on your own recognizance. Riverside defense attorney Gregory H. Comings is dedicated to representing the accused. For decades, he and his team have provided efficient and effective counsel for people facing misdemeanor and felony charges. We can help avoid posting a high cash bail bond and represent you in your criminal case, fighting your charges from outside a custodial setting. For a confidential consultation, call our office at (951) 686-3457 or reach us online.