“One’s Own Recognizance” Explained

If you have been arrested and charged with a crime, you may expect to have to pay bail in order to be released until your trial. For some situations, however, it is possible to get out of jail without having to pay anything. The judge will simply let you out on your own recognizance. This simply means that they are trusting you to return for your court date. There are quite a few factors that are considered when a judge is deciding whether to require a bail, or to let you go on your own recognizance.

Your Ties to the Community

One of the most important things that a judge will consider is how strongly you are tied to the community. The stronger your ties to the area, the less likely you are going to be to flee to avoid the charges. If you have family, close friends, a job or school, or other important things in the area, the judge is much more likely to release you without requiring any bail.

Your Criminal Record

The judge will also look at your criminal record to see if you have a history of charges and convictions. If this is your first arrest, they are more likely to consider releasing you without any need to pay bail. If you have a list of convictions in your past, however, you will almost certainly have to come up with bail money before you can get out of jail.

Type of Crime

Of course, the specific type of crime that you were arrested for will have a major impact on whether the judge will consider releasing you on your own recognizance. Serious crimes won’t have the option to release someone on their own recognizance, but minor offenses typically do. For example, if you are arrested for shoplifting, there is a pretty good chance that you can get the judge to release you without bail.

Your Attitude in Court

It is important to keep in mind that the judge has a lot of power over how your case will proceed. When determining whether to require bail in your case, the judge will undoubtedly consider your attitude and actions in the courtroom. This is why it is important to remain respectful and cooperative the entire time.

Making the Request

In many cases, if you don’t ask the judge to release you on your own recognizance, they will just assign bail without really even considering it. This is one reason why having an experienced attorney can be such an asset. We will make sure to not only make a formal request to release you without bail, but also explain to the judge why this is a good option in your case. Please contact us to let us help you through your case right from the beginning.