How to Qualify for Release on Own Recognizance
Being released on your own recognizance, or ROR, means being let out of jail without having to post bail while your case goes through the court system. Qualifying for ROR depends on a few key factors, mainly your criminal history, ties to the community, and flight risk.
Judges have a lot of discretion when it comes to granting ROR, but there are some general guidelines they follow. Here’s what you need to know about qualifying for release on your own recognizance:
Limited or No Criminal History
If you have a long rap sheet, especially with failures to appear in court or violations of probation, chances are you won’t get ROR. Judges look at criminal history to gauge flight risk and threat to public safety. A record with only minor offenses helps your case.
Strong Community Ties
Ties to the area you were arrested in also help. These could include:
- Owning property or long-term residence
- Steady employment
- Close family in the area, especially if you have child custody obligations
- Registration as a student
Anything that demonstrates you have a stake in sticking around and showing up for court dates boosts your chances at ROR.
Low Flight Risk
Judges have to weigh whether you’re likely to flee rather than face charges. Factors like lack of identification, foreign citizenship, or arrests while traveling can count against you. Ties to the community help offset flight risk concerns.
Nature of Current Charges
The offense you were arrested for also matters. Judges often deny ROR for serious, violent crimes like murder or rape. But nonviolent, low-level charges may still qualify if your history and community ties are solid.
Private Attorney Help
Hiring a criminal defense lawyer experienced in bail and pretrial release cases can increase your chances of getting ROR. They can gather evidence of mitigating factors and directly advocate to the judge.
What About a Bail Bond?
If the judge sets bail you can’t afford, a bail bondsman may front the money for a 10-15% nonrefundable fee. But it’s better not to get your hopes up. Bond agents often won’t post bond if they don’t think you’re likely to qualify for ROR anyway.
Request a Bail Hearing
If bail is set higher than you can manage or you’re denied ROR, request another bail hearing. Your attorney can present arguments and evidence to get the judge to reconsider release terms.
What Happens After Release?
Make all scheduled court appearances. Failure to show up jeopardizes your release status. You may have to call into court services weekly or wear an ankle monitor. Strict compliance with any other conditions is essential.
Violating release terms can get you rearrested and jailed for the remainder of your case. But compliance paves the way for getting charges reduced or dismissed.
Getting out ROR takes some stars aligning with your history, community ties, charges, and judge assignment. An experienced criminal lawyer tilts those factors in your favor. They can negotiate strict supervision to allow release pretrial rather than months in jail awaiting case resolution.
Other Options
If you don’t qualify for ROR, explore alternatives like:
- Pretrial diversion programs
- Reduced bail amount
- Private bail bond
- Property or cash bond
- Co-signed bond by a relative
- Credit card or app bond
Careful review of your case could reveal options you weren’t aware of. Don’t hesitate to keep pushing for pretrial release if staying jailed will cost you your job, housing, or custody.
Conclusion
Gaining release on recognizance requires showing roots in the community, minimal flight risk, a limited criminal past, and charges not too severe. Hiring an experienced criminal attorney to argue for ROR at your bail hearing greatly improves the odds. They can also pursue alternative types of pretrial release if you don’t qualify for ROR.