When you 'bond yourself out of jail,' the primary and most common term is posting bail. This involves providing a financial guarantee to the court to ensure your appearance at future legal proceedings. However, in certain situations, particularly for non-violent offenses, another significant method for release is known as release on one's own recognizance (OR), which does not require a financial payment.
Understanding Bail: The Most Common Method
Bail is a set amount of money or property that an arrested person pays to the court to secure their temporary release from jail. Its fundamental purpose is to assure the court that the defendant will return for all scheduled court appearances. If the defendant fulfills this obligation, the bail money is typically returned at the end of the case. If they fail to appear, the bail can be forfeited, and a warrant issued for their arrest.
Types of Bail
Several methods can be used to post bail:
- Cash Bail: This is the most straightforward method, where the full bail amount is paid directly to the court in cash. If the defendant attends all court dates, the full amount is returned (minus any administrative fees).
- Surety Bond (Bail Bond): This is the most common method when the bail amount is high. A bail bond company, or bondsman, pays the full bail amount on the defendant's behalf. In return, the defendant (or a co-signer) pays the bondsman a non-refundable fee, typically 10-15% of the total bail amount. The bondsman then becomes responsible for ensuring the defendant appears in court.
- Property Bond: In some jurisdictions, real estate (like a house or land) can be used as collateral to secure release. The equity in the property must be sufficient to cover the bail amount. If the defendant fails to appear, the court can place a lien on or even seize the property.
Release on One's Own Recognizance (OR)
Release on one's own recognizance (OR), sometimes abbreviated as ROR, is a non-monetary form of release where the court allows an individual to be released from custody based solely on their promise to appear for all future court dates. This option is a demonstration of the judge's trust in the defendant's reliability.
Conditions for OR Release
This form of release is not guaranteed and is entirely at the judge's discretion. It typically depends on several factors:
- Nature of the Offense: OR is most commonly granted for non-violent offenses and minor crimes.
- Defendant's Background: The judge will consider your specific circumstances, including your ties to the community, employment history, family responsibilities, and lack of a significant criminal record or history of failing to appear in court.
- Flight Risk Assessment: If the judge believes there is a low risk of the defendant fleeing or posing a danger to the community, OR is more likely to be granted.
Comparing Bail and Release on Own Recognizance
| Feature | Posting Bail | Release on Own Recognizance (OR) |
|---|---|---|
| Financial Requirement | Requires a monetary payment or collateral | No direct financial payment required |
| Primary Basis | Financial guarantee | Pledged promise to appear |
| Eligibility | Generally applicable, unless denied bail | Primarily for non-violent offenses |
| Judge's Discretion | Judge sets bail amount; sometimes waives | Judge's decision based on specific factors |
| Common Use | Most common release method | Less common, preferred for lower-risk cases |
The Process of Securing Release
Regardless of whether it's bail or OR, the general process for release from jail typically involves:
- Arrest and Booking: After an arrest, the individual is booked into jail, which includes fingerprinting, mugshots, and background checks.
- Bail Hearing/Arraignment: Within a specific timeframe (often 24-72 hours), a judge will review the case. They will either set a bail amount or determine if the defendant is eligible for OR.
- Securing Release:
- For Bail: The defendant or their representative pays the cash bail, contacts a bail bondsman, or arranges a property bond.
- For OR: The judge formally grants release based on the defendant's promise.
- Release: Once the conditions are met, the individual is processed for release from custody.
Key Considerations
- Failure to Appear (FTA): Whether released on bail or OR, failing to appear for a scheduled court date has serious consequences, including forfeiture of bail, issuance of an arrest warrant, and additional charges.
- Legal Representation: Consulting with a criminal defense attorney is crucial. They can advocate for a lower bail amount, argue for OR release, and guide you through the entire legal process.
- Conditions of Release: Even when released, there may be conditions imposed, such as remaining within the county, avoiding contact with certain individuals, or participating in drug testing. Violating these conditions can lead to re-arrest.
