What Does “Released on Your Own Recognizance” Mean?

The primary concern for you and your family after an arrest and detention is how you will secure temporary freedom. In most cases, you must post bail, and in rare circumstances, you can be released on your own recognizance (OR). Under the bail option, you must post money or its equivalent to the court to obtain release.

Conversely, you only make a promise to return to court after pretrial freedom and no money guarantee under an OR release. While an OR release does not have a financial obligation, it does not come easily. Understanding the meaning of the OR concept can streamline pretrial release and save you money to hire a private criminal defense attorney to prepare for hearings and the trial.

OR Release Definition

An own recognizance release (OR) is a pretrial option that allows a defendant to be released from detention by signing a written promise to return to court on a later date without making a financial commitment. Under this option, you do not have to post bail or rely on a bail bonds service to secure pretrial freedom. So, the court relies on your trust that you will keep your promise to attend future court proceedings and the trial. However, the court attaches conditions to the release. These conditions are intended to discourage you from committing another crime while on release and to restrict your travel or activities to ensure you attend all scheduled court hearings. Failure to comply with these conditions may result in the cancellation of the OR and the issuance of a bench warrant.

In some counties, like Los Angeles, the court or law enforcement can automatically grant OR releases for minor misdemeanor offenses, such as shoplifting or simple DUIs, where you, the defendant, are not a flight risk or a threat to community safety.

Generally, any arrestee who faces a criminal charge can obtain an OR, unless:

The crime in question has a death penalty
Granting the defendant pretrial freedom poses a threat to public safety
The court cannot guarantee you will return later for hearings and the trial

It is against the law to hold a defendant in pretrial detention just because they cannot afford bail. If bail is set and you have been unable to raise the amount, you are entitled to a Humphrey hearing where the judge reviews your reasons for not posting bail and releases you without a financial commitment if they establish you are not a threat to community safety and cannot afford the set bail. Additionally, the prosecutor must provide clear and convincing evidence that pretrial detention is necessary to safeguard the public. OR release is a default rule in Los Angeles, and every defendant is eligible unless they face a serious or violent felony charge, in which case they must post bail if eligible.

Requesting an OR

In certain counties, you can obtain an OR release without having to appear before a judge. The court employees are on standby to evaluate cases and grant this pretrial release option to eligible parties. In other cases, you must wait for the initial court proceeding or arraignment to request an OR release. You can make the request even if the court has set bail for your offenses.

In some cases, the prosecutor might oppose a request for own-recognizance release. In these situations, the judge must schedule a separate adversarial or bail hearing to hear arguments from both sides and rule on whether to grant or deny bail.

Typically, when making the request for release on OR, your attorney will present arguments in favor of this release option. The court will then ask for the prosecutor’s opinion regarding your application or any information that can help the judge make an informed decision. The prosecutor does not have to respond to these requests immediately in the arraignment proceeding. The judge will give them the chance to present the information or arguments in the adversarial proceeding.

The Formal OR Release Hearing

Certain crimes require the judge to set a separate OR release proceeding to allow the prosecutor to submit evidence and arguments against release without bail. While in counties like Los Angeles, OR release for most crimes occurs by default, you will require an adversarial hearing for crimes outlined in PEN 1319.5 or PEN 1207.1 to obtain a decision.

California PEN 1319.5

Under PEN 1319.5, the court must schedule a formal adversarial proceeding before granting an OR release if:

The current crime was allegedly committed while serving felony parole or formal probation
A judge issues a bench warrant against you at least three times in the last three years for failure to appear, and your current crime is for assault or battery, a street gang law violation, residential burglary, domestic violence, or you inflicted great bodily harm or injury on someone else, or an offense where you were armed or used a gun.

PEN 1207.1

According to PC 1207.1, the judge must schedule an adversarial proceeding before granting an OR release if a defendant faces any of the following charges:

Serious felony, such as homicide or rape
A violent felony
Witness intimidation
Domestic battery
Restraining order violation where the breach involved violence, the restrained party going to the protected party’s home or workplace, or making a serious threat of violence.

You are ineligible for OR release if you are charged with a violent felony and there is clear and convincing evidence that you have been previously charged with a felony, and while the case was ongoing, you failed to appear.

Building your Case

After your OR request, the court assigns an investigator to your case to gather information about your background. While the judge will not solely rely on the report to decide whether you are a good candidate, it helps determine the possible risks of granting your request. The investigation is only conducted after a request. Some of the information the investigating officer will present may be unfavorable, so it is crucial to be prepared to counter it.

If you successfully petition the court and secure an OR release, you will avoid financial obligations. Nevertheless, ensure you comply with the court conditions after release.

Find a Competent Bail Bondsman Near Me

You can obtain pretrial release by posting bail or through your own recognizance. Under OR, you only sign a promise to attend court hearings, but with bail, you must make the financial commitment to exit police custody. Unfortunately, OR release is not automatic for some crimes, and many defendants are ineligible, leaving them with bail as the only option. If you must post bail but cannot afford the amount or want to streamline the bail process, contact 24 Hour Online Bail Bonds for more information on OR release and to discuss other affordable and quick ways to leave pretrial detention.

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