Have you ever worried about how long it might take to be released from jail if you were arrested for a crime? Depending on the circumstances of your case, it might be possible to be released on your own recognizance (ROR), which means you can be released from custody without posting bail. In this article, we will explore what ROR is, how to be eligible for it, and what can happen if you miss a court date while on ROR.
What is release on own recognizance (ROR)?
Definition of ROR
ROR is a release process where a defendant is released from jail without the need to post bail, on the condition that they promise to appear in court on a future court date set by the court. This means that the defendant is released based on his or her promise to show up in court, rather than on a financial obligation.
Conditions for ROR
The conditions for being released on your own recognizance vary, depending on the court and the jurisdiction in which you are being held. Generally, factors such as the defendant’s criminal history, ties to the community, and the nature of the offense committed are considered when determining whether ROR is appropriate for the defendant.
Difference between ROR and bail
The key difference between ROR and posting bail is that bail is the payment of money or a bail bond to ensure the defendant’s return to court, while ROR is based solely on the defendant’s promise to appear. Bail might be necessary if the defendant is considered a flight risk or has a criminal history that indicates a higher risk of not showing up in court, while ROR is typically reserved for low-level offenses and defendants with strong community ties.
How can I get released on my own recognizance?
Hiring a criminal defense lawyer
If you are arrested for a criminal offense and want to be released on your own recognizance, the first step is to hire a criminal defense lawyer. Your defense lawyer can argue on your behalf to get you released on ROR, based on your ties to the community, the nature of the offense, and your criminal record.
Attending your court date
In order to be eligible for release on your own recognizance, you must show up to your court date. If you fail to appear, the court might issue a bench warrant, which means that you will be arrested and taken into custody immediately.
Showing ties to the community
You might be able to get released on your own recognizance if you can demonstrate that you have strong ties to the community, such as family, a job, or a residence. This shows that you are more likely to appear in court, rather than fleeing or failing to appear.
What happens if I miss a court date while on ROR?
Possible consequences of missing a court date
If you miss a court date while on ROR, you might face serious consequences. The court might issue a bench warrant for your arrest, and you might be held in custody until your next court appearance. Moreover, missing a court date could also affect your ROR status and future court appearances.
How to prevent missing a court date
The best way to prevent missing a court date is to mark your court date on your calendar and show up to court on time. If you are concerned about forgetting the date, you can ask your lawyer or a family member to remind you of the date and time of your appearance in court.
What to do if you miss a court date while on ROR
If you miss a court date while on ROR, you should contact your lawyer immediately. Your lawyer might be able to help you resolve the matter and arrange a new court date without you being arrested or held in custody.
What determines whether someone is eligible for ROR?
Offense committed
The nature of the offense committed is a primary consideration when determining whether a defendant is eligible for ROR. Generally, ROR is reserved for low-level offenses, such as misdemeanors, where the defendant is not considered a significant flight risk.
Criminal history
The defendant’s criminal history is also an important factor that courts consider when deciding whether to release a defendant on their own recognizance. If a defendant has a history of failing to appear in court or other criminal activity, the court might consider the defendant a risk and require bail.
Probation status
If a defendant is currently on probation or parole, it might be more difficult for them to be released on their own recognizance. While not impossible, the defendant might need to prove their compliance with their supervised release in order to be released without bail.
What is the process for a bail hearing to determine ROR?
Posting bail
In order to be released from custody, a defendant typically must post bail. Bail is a payment made to the court or a bail bond company to ensure the defendant’s return to court.
Bail amount determination
The amount of bail required can vary, depending on the defendant’s criminal history, the nature of the offense, and other factors. In some cases, the court might require the entire amount of bail to be posted in cash, while in other cases, a bail bond can be used to secure the defendant’s release.
Judge’s discretion
Ultimately, whether a defendant is released on their own recognizance is up to the judge’s discretion. While a defendant might request ROR, it is not guaranteed, and the judge might require that bail be posted instead.
If you are faced with a criminal charge and need to get out of jail, understanding the process of recognizance release can be helpful in deciding your next steps. If you have already been released on your own recognizance and are worried about missing a court date, or if you are unsure about your eligibility for ROR, consulting a criminal defense lawyer is recommended to put your case in the best light possible.
