Bail is essentially a security deposit used to ensure that when someone has been charged with a crime and released from custody, they will return for their court appearances. The person or a bail bondsman pays the court an amount set at the first hearing, allowing the accused to remain out of jail while waiting for trial. If they show up as promised, this money is returned once the case is resolved. If not, they forfeit it and risk further legal action.
What some people may not be aware of is that bail doesn’t always require a monetary payment. Sometimes, a defendant can be released on their own recognizance.
Table of Contents
What Does Being Released on Your Own Recognizance Mean?
Being released on your own recognizance (ROR) means that after you’ve been arrested for a crime, the court allows you to go home without having to pay bail. The judge trusts that you will show up for all of your scheduled court dates.
When released on your own recognizance, you sign a written promise to return to court when required and abide by any other conditions specified by the judge. These conditions include things like not leaving the county or attending regular check-ins with the court before your next official hearing.
Factors Considered When Setting Bail and Releasing a Defendant ROR
When a judge is deciding whether to release a defendant on their own recognizance or set bail – and how much – the decision ultimately comes down to the perceived risk. They’ll weigh several factors before making a decision. Here’s what they typically consider:
The Nature of the Crime
The nature of the crime is one of the most important factors the judge will consider. The more serious the crime, the less likely a defendant is to get released on their own recognizance.
For example, non-violent and minor offenses are more likely to result in ROR, whereas a judge might be inclined to set bail for serious crimes.
Criminal History
If the defendant has previous convictions, especially if they’re similar charges or serious offenses, it signals potential risk to the judge, and they are less likely to release them on their own recognizance. A clean record makes it easier for judges to trust that the defendant will show up for court and doesn’t pose a risk to the community.
Community Ties
A defendant’s connections to the community are important when judges consider bail. If the defendant has strong ties to the community, family nearby, consistent employment, or involvement in local organizations, this can show stability and a commitment to stay in the area and show up for court dates.
Flight Risk – Previous FTAs
The judge will assess the likelihood that a defendant will not show up for court proceedings. One of the deciding factors is whether the defendant has any previous failures to appear (FTA) on their record. If they do, the judge will be less inclined to release them on their own recognizance, and they could impose a high bail amount. On the other hand, if the defendant has consistently appeared in court when required before, this will work in their favor.
What Happens if You Don’t Show Up to the Court Date?
If you don’t show up for your court date after being released on your own recognizance, there will be serious consequences. In most cases, the court will issue a warrant for your arrest once you miss the first court hearing unless your attorney is there and can provide the judge with a good reason for your absence. That means law enforcement can take you into custody anytime after that.
Once you’re taken into custody for missing your court date, the judge is highly unlikely to release you again on your own recognizance. This means they will either set a monetary bail or they may not set bail at all (though this is unlikely unless the crime is very serious).
If this happens, you’ll need to pay the bail amount to be released from jail. If you can’t afford it, you will have to remain in custody until your case is resolved, which could take many months in some cases.
Understanding how bail and being released on your own recognizance works is important if you’re facing charges. For help, contact the Suhre & Associates DUI and Criminal Defense Lawyers at (502) 371-7000 to schedule a free consultation with a criminal defense lawyer.
