Own Recognizance Release

201704.11

Prisoner in handcuffs in courtroomThere are many different bail bonds that can be used to get a person out of jail.

One of the most commonly used, for those who have not been involved in a serious crime, is to be granted a release on their own recognizance. Often called the OR Bond, there is no money paid to the court for this bond. However, the defendant must agree in writing that they will appear at their next hearing. Those who do not appear will have a warrant issued for their arrest.

Understanding Stipulations of An O.R. Bond Release

There are almost always conditions put on an OR release. They will prohibit the suspect from leaving the area, and they may require that a defendant checks in with the court until their case is resolved. Just as with setting bail, the judge will decide whether an OR bond fits the case and criminal. They take into consideration the following:

·The severity of the crime that was committed.
·The previous criminal record of the accused.
·Is the person a danger to themselves or others?
·Does the person have ties to their family, the community, or a job?

When a person is released on an OR bond, and they fail to appear in court, they will be arrested. Any chance that they may have had to receive bail will be eliminated.

Additional Conditions For Release

If there is a nexus between the condition and the crime charged, then the courts will impose additional conditions. For instance, if a person has multiple-DUI offenses, they may be required to surrender their vehicle, and they must start attending alcohol treatment classes. This will be in exchange for getting out of jail on an OR Bond. Domestic violence laws have increased in severity in the past few years.

Most states require that a person immediately enrolls in a domestic violence educational course. Additionally, this person must also be required to stay a certain distance from the alleged victim. A TRO or temporary restraining order may be placed until the case is resolved.

Some suspects may be required to attend anger management classes to get an OR Bond. Others may need to surrender their passports or to stay away from bad influences, like fellow gang members. Each condition is related specifically to the case and the crime the person is charged with.

Sheriff Pretrial Release Programs

Budgetary restraints continue to loom in many correctional departments around the country. Using discretionary authority, OR Bonds can be given before the first court appearance. When this method is used, it is called a “supervised pretrial release.” The defendant will be given a citation and notice to appear upon being arrested.

During a booking, the sheriff can make a judgement call to do a pretrial release. They can grant either a “Supervised OR” or a regular “OR Bond.” This can be done before the defendant is arraigned. The sheriff will use the same factors that the court does during the bail-setting process. They look for the severity of the charge, the previous criminal record, and any safety concerns with the person being free. After a decision has been made, the sheriff must communicate with the court, regarding any restraints put on the suspect.

Condition of O.R. Release: Drug Rehab

Drug addiction accounts for the majority of arrests and cases on the criminal docket. A study stated that more than 65 percent of arrestees test positive for illegal drugs. So, to get an OR Bond release granted, they must agree to entrance into a drug rehab program. Their immediate enrollment, in either an inpatient or outpatient treatment facility, is imperative.

How A Criminal Defense Attorney Can Help?

All suspects need a good criminal defense attorney to help with their case. From arranging an OR Bond interview to handling interrogations from the sheriff’s office, their knowledge can help through this difficult process. Being under investigation or arrested can be a big ordeal. Many people have no clue about their rights. Anyone who is dealing with these issues, needs the advice of counsel to ensure their legal rights are preserved. A criminal defense attorney understands the situation, and they can help.