Can I Be Released Without Bail?

If you have been arrested, you may be given the option to be released if you pay bail. This requires you to pay a certain amount of money in exchange for being released until you need to appear in court.

Bail is essentially a security deposit, ensuring that defendants will appear in court. If the defendant appears as promised, then bail is returned to the individual. If the defendant fails to appear, then the court keeps the money.

In some cases, you can be released without bail, known as an O.R. release. Our Santa Barbara criminal defense lawyers would like to discuss how an O.R. release works and in what situations this type of release may be available.

What is an O.R. Release?

An O.R. release stands for an “own recognizance” release. This means that the court has decided that a person can be released without having to post bail. Usually, an O.R. release is reserved for someone that the court considers to be trustworthy.

According to California Penal Code §1270, a person may be eligible to be released from custody on his or her own recognizance for any offense other than an offense that is punishable by the death penalty.

What Criteria Are Considered in Granting an O.R. Release?

The court will not grant an O.R. release to just anyone. The following criteria will work in a defendant’s favor when a judge is determining whether or not to grant an O.R. release:

• Those candidates who have strong roots in the community
• Those candidates who have regular employment
• Those candidates who are recommended by a prosecutor
• Those candidates who committed minor crimes or non-violent crimes
• Those candidates who have no criminal record or little criminal history
• Those candidates who have strong family ties
• Those candidates who are likely to appear in court
• Those candidates who pose no risk to public safety (i.e., the individual will not seek out and harm possible witnesses)

It is at the discretion of the judge or magistrate to grant an O.R. release, so an O.R. release may not be granted to defendants who meet the above criteria.

How Does the O.R. Process Work?

In California, the following procedure will take place to grant an offender an O.R. release:

• Pretrial Assessment: A pretrial services officer will assess a defendant using the above-mentioned criteria to discern if the individual is a good candidate for an O.R. release.
• Court Hearing: If it is determined that the defendant is a good candidate, then a hearing will be held to decide if the release should be granted. The prosecution and the defense may present arguments during this hearing.
• Court Decision: If an O.R. release is granted, the defendant will be required to sign an own recognized release agreement. By signing this agreement, the defendant agrees to comply with the conditions of the release and promises to appear in court as scheduled.

Contact a Santa Barbara Criminal Defense Lawyer Today

If you have been arrested in California, you may have the option to be released without bail. If you think you are a good candidate, our Santa Barbara criminal defense lawyers may be able to help. Contact us today online or by calling 805-643-5555 to schedule your free consultation.