Under criminal law in California, released on recognizance (ROR) allows an individual to leave custody before their trial without having to pay bail or put up a bond. Instead, the individual signs an agreement that they promise to come back for all of their scheduled court dates.
A court will often allow this option when it does not believe the individual is a risk to the community, they have some local connections, and they are not likely to skip their court dates. The court will review the entire situation before making a decision.
ROR may be available at several different stages during a criminal trial. It may be offered right after someone is arrested.
In other cases, the court may allow ROR following an arraignment. ROR may also be offered after a trial ends and while a defendant awaits sentencing.
The court may provide ROR alone as an option or may use it in combination with other sentencing options when someone is dealing with criminal charges. To determine whether an individual qualifies, the court will review their criminal history, the specific charges against them, and whether they will be likely to miss court.
There may also be other available options, depending on the specific facts and circumstances of an individual’s case. For example, they may be given probation if they qualify for it.
In some cases, the court could order a defendant to complete community service or to pay a fine. A defendant may also face jail time, depending on the circumstances of their case. A California lawyer can help a defendant understand the possibilities in their specific case as well as help them argue that they should be given ROR.
When Is R.O.R. Available in California?
During the criminal case process in California, an individual may be released on their own recognizance before their trial if they have strong ties to their community, are seen as a low risk, and are not likely to leave town. ROR will also likely be used in cases where the court determines the defendant is not a public safety threat or is a first-time offender.
It is more commonly available for minor offenses, such as traffic violations, some first-time DUI offenses, petty theft offenses, and other misdemeanors. The defendant will likely need to show they have regular employment, stable housing, and strong community ties.
If ROR is granted, the defendant will likely need to agree to certain conditions, such as regular check-ins and agreements to avoid the use of alcohol or drugs. In some higher-risk cases, the defendant may be required to check in with a probation officer or be confined to their home.
ROR is not likely to be offered in California in cases involving serious or violent felonies, especially those that involved a weapon or severe harm. Additionally, ROR will not likely be offered if the defendant previously failed to appear for court.
If an individual is facing felony charges, they may still be able to get ROR if the court determines they are a low risk or they can demonstrate strong community ties. It is important to schedule a California lawyer consultation to address any ROR questions as well as for help arguing for ROR.
How Long Does It Take To Be Released on Recognizance?
How long it takes to be released on recognizance will depend on several factors, including the stage of the case, the time of day, and other issues. The actual time it takes someone to be released from jail after their ROR is granted may be anywhere from minutes to hours, depending on the jail staffing, volume, and paperwork.
There may be delays due to the time of day, whether it is a night, weekend or holiday, or other case complexities. The time it takes to be released may also vary depending on when you are released during the criminal case process.
Following an arrest, a defendant will be taken to a station and booked. Law enforcement will collect their information, check their criminal record, and write down the charges they are facing.
Typically, a defendant must appear before a judge for an arraignment within 48 to 72 hours to hear the charges against them and what their rights are. At this time, they may find out if they are eligible for ROR.
If they are offered ROR, they will find out the terms of their release and the requirements they will have to follow. If they are not eligible for ROR, they will have to post bail or remain in custody until their trial begins.
What Other Legal Problems Should I Think About?
Getting ROR in California is a privilege that should be taken seriously. If an individual does not follow all of the terms of their ROR agreement or if they miss a court date, the court may charge them with contempt.
Courts take these issues very seriously. If a defendant faces contempt, they may be subject to going back to jail, criminal fines, community service, or a combination of all of these punishments.
If a defendant skips their court date, they will face even more legal issues. They will receive a failure to appear charge, meaning they will face extra criminal charges, criminal fines, and their ROR status can be completely taken away from them. The court can also issue a bench warrant for their arrest.
A defendant may also be required to follow certain requirements while on ROR, such as a protective order requiring them to stay away from someone, going to counseling, or submitting to drug testing. If the defendant does not follow these requirements, they may face additional charges or legal issues.
What a defendant does during their ROR can have an effect on their case, especially during sentencing. If the defendant does not follow their agreement or has problems while they are released, they can face harsher punishments if they are convicted.
Can I Go Back to Jail After I’m ROR?
Yes, a defendant can go back to jail after they are ROR in California if they fail to adhere to any part of their ROR agreement or they miss a court date. As previously noted, missing a court date can result in a failure to appear (FTA) charge.
This FTA can provide the court with a reason to revoke the defendant’s ROR and put them back into custody. It is important for a defendant who is ROR to follow all of the requirements of their release to ensure that they do not go back to jail following their ROR.
How Can a California Criminal Lawyer Help Me Get ROR?
A California criminal lawyer can help a defendant get ROR after they have been charged with a crime. A defendant’s attorney will represent them in court, presenting any argument that supports their request for ROR, which may include speaking with witnesses and reviewing evidence.
A criminal attorney will explain to the court how the defendant can be trusted to wait for their trial without having to pay bail. They will highlight the defendant’s strong ties to the community, whether they have a clean criminal record, and present any other facts that show they are eligible to receive ROR.
A criminal lawyer may also be able to speak with the prosecution and convince them to agree to the defendant’s ROR, making the court much more likely to grant it. An attorney will also be able to argue against the prosecution’s reasons why ROR should not be granted.
A criminal attorney can also help with a ROR California appeal if it is denied. There are certain grounds, such as denial of release, excessive bail, and unreasonable conditions, that may serve as grounds for an ROR appeal.
Do I Need a Criminal Lawyer for Assistance With Release on Recognizance Options?
A criminal attorney is best equipped to represent you in court, present your case for ROR, and negotiate with the prosecution for an agreement. If you are facing criminal charges and want to request California ROR, it is essential to consult with a California criminal lawyer for assistance.
Use LegalMatch’s free lawyer-client matching services today to find a California criminal lawyer who is licensed and prescreened and ready to help you get ROR in your case. Once you submit your question or concern on the website, you will receive responses from California lawyers in as little as one business day who are ready to help you resolve your California ROR concerns.
