Being released on your own recognizance in California means you can leave custody without posting bail based on your promise to return for all required court appearances. You’re promising the court that you’ll show up for all future court dates.
This type of release is based on trust and the court’s assessment that you’re not a flight risk or a danger to the community. You must still follow all court orders and attend all scheduled court appearances. Failing to do so can result in consequences, including additional criminal charges.
Working with a Los Angeles DUI lawyer could help persuade the court to grant you an own recognizance release (OR release). This will help you avoid the need to come up with money to pay bail or pay for a bail bond.
Who Is Eligible for Release on Own Recognizance in California?
Eligibility for OR release in California depends on various factors, and the decision is ultimately at the judge’s discretion. Under California law, most individuals arrested for misdemeanor DUIs are eligible for consideration for OR release. It is possible to get OR release for felony charges, but less likely to be granted.
Factors that can influence your eligibility include:
- The nature and severity of the alleged offense
- Your prior criminal record, if any
- Your ties to the community, including family, employment, and residency
- Your history of appearing for court dates in past cases
- Whether you pose a potential danger to the community
- The likelihood that you’ll appear for future court dates
Certain offenses, particularly violent crimes or those involving domestic violence, may make OR release less likely. Additionally, being on probation or parole during your arrest could affect your eligibility for OR release.
How Is the Decision for OR Release Made?
In California, the process begins with a risk assessment conducted during a pretrial conference. This assessment evaluates factors such as your criminal history, community ties, and likelihood of appearing for court dates.
During the hearing, your defense attorney can argue for your release, presenting evidence of your community ties, employment, lack of flight risk, etc. The prosecutor may also present arguments for or against your release.
The judge will consider all this information, the nature of the charges, and any potential risk to public safety. Under California law, there’s a presumption in favor of OR release for most misdemeanors, but in a DUI case, the judge will need to weigh the accused’s risk to public safety.
What Conditions Might Be Imposed with an OR Release?
If you’re granted an OR release, the judge may impose certain conditions you must follow. Common conditions for OR release in a DUI case may include:
- Regular check-ins with a pretrial services officer
- Travel restrictions, such as not leaving the state without court permission
- Substance abuse testing or treatment, if relevant to your case
- Surrender of passport to prevent international travel
- Maintaining or seeking employment
- Electronic monitoring in some cases
The specific conditions will depend on the nature of your charges and the judge’s assessment of what’s necessary to ensure your appearance in court and protect public safety. If you break the conditions, the court can send officers to jail you until your trial date.
How Can I Improve My Chances of Getting an OR Release?
While the decision ultimately rests with the judge, there are steps you can take to improve your chances of being granted an own recognizance release in California.
- Hire an experienced criminal defense attorney: A skilled lawyer can effectively argue for your release and present evidence of your reliability and community ties.
- Gather evidence of community ties: Prepare documentation of your employment, residence, family responsibilities, and community involvement.
- Be prepared to address any concerns: If you have a prior criminal record or missed court dates, be ready to explain how your circumstances have changed.
- Consider proposing alternative conditions: If the judge seems hesitant about an OR release, your attorney might suggest conditions like electronic monitoring or regular check-ins to address the court’s concerns.
- Demonstrate a willingness to comply: Show respect for the court process and a clear understanding of the importance of appearing for all future court dates.
- Address any substance abuse issues: If your charges are related to substance abuse, being willing to enter treatment can work in your favor.
Contact a DUI Attorney in Los Angeles to Learn More
Being released on your own recognizance in California can be a significant advantage if you’re facing criminal charges in Los Angeles. It allows you to maintain your daily life, continue working, and prepare your defense from outside custody.
It’s a privilege that comes with serious responsibilities. It’s crucial to follow all conditions of your release and attend all court appearances. If you don’t, your situation will become much worse.
If you’re facing DUI charges in Los Angeles and have questions about the possibility of an OR release, don’t hesitate to seek professional legal help. Contact us to connect with an experienced DUI defense attorney today.
