Pursuant to criminal laws in Texas, released on recognizance (ROR) lets someone leave custody before a trial without being required to pay bail or put up a bond. Instead, they sign an agreement saying they promise to return for any scheduled court dates.
Courts commonly provide this option when they do not think the person is a risk to the community, if they have local connections, and if they are not likely to skip their court date. Courts will review the individual’s entire situation before reaching a decision.
It is also important to note that ROR can be offered at several different stages during a criminal trial. It can be offered right after an individual is arrested.
In other situations, a court might allow ROR after an arraignment. ROR can also be offered once a trial ends when the defendant is waiting for sentencing.
A court can provide ROR alone or it may provide ROR along with other sentencing options when a defendant is facing criminal charges. In order to determine whether someone qualifies, a court will review the individual’s criminal history, the charges against them, and whether or not they will be likely to miss their court dates.
Other options may also be available, depending on the facts and circumstances of the specific case. For example, a defendant, if they qualify, may be given probation.
In certain situations, a court may order the defendant to complete community service or to pay fines. The defendant may also be facing jail time, depending on the circumstances of the case.
A Texas lawyer can help their client understand the possible outcomes in their case and argue to the court why they should be given ROR.
When Is R.O.R. Available in Texas?
During the Texas criminal case process, a defendant may be released on their own recognizance prior to their trial if they have strong ties to their community, if they are perceived as a low risk, and if they are not likely to leave town. ROR is also commonly used in cases when a court determines that a defendant is not a public safety threat or if they are a first-time offender.
ROR is typically more commonly available with minor offenses, including petty theft offenses, some first-time DUI offenses, traffic violations, and other misdemeanors. A defendant will typically need to demonstrate that they have regular employment, strong community ties, and stable housing.
If a defendant is granted ROR, they will most likely need to agree to specific conditions, which can include regular check-ins and agreeing to avoid using drugs or alcohol. In certain high-risk cases, a defendant may have to check in with a probation officer or they may be confined to their residence.
ROR may not be offered in cases that involved violent or serious felonies, especially if they involved severe harm or a weapon. In addition, ROR will not typically be offered if the defendant previously failed to appear in court.
When someone faces felony charges, there is a possibility they can still get ROR if the court deems that they are low risk or they can show strong community ties. It is very important to schedule a Texas lawyer consultation to address any ROR concerns and for help arguing to obtain ROR.
How Long Does It Take To Be Released on Recognizance?
How long it will take to be released on recognizance in Texas will vary depending on several factors, such as the time of day, the stage of the case, and other issues. The time it actually takes for someone to be released once their ROR is granted can be anywhere from minutes to hours.
There can be delays depending on the time of day, staffing, and other case complexities. It can also vary depending on when the release occurs during the criminal case process.
What Other Legal Problems Should I Think About?
Being granted ROR in Texas is a privilege that a person should take seriously. If someone does not follow all of the terms of their ROR agreement or they miss a court date, they can face contempt charges.
A court will also take ROR issues very seriously. If a defendant faces contempt charges, they may be subject to returning to jail, criminal fines, community services, or some combination of all of those punishments.
When a defendant misses a court date, they can face even more legal issues. This can include a failure to appear charge, which means they may face additional criminal charges, additional criminal fines, and their ROR status may be completely taken away. A court may also issue a bench warrant for their arrest.
The defendant may also have to follow specific requirements while on ROR, including going to counseling, submitting to drug testing, or following protective orders. If a defendant does not comply, they can face additional legal issues or charges.
What the defendant does during their ROR may affect their case, especially during the sentencing phase. If a defendant does not comply with the terms of their agreement or if they have problems during their release, they can face harsher punishments at conviction.
Can I Go Back to Jail After I’m ROR?
Yes, a defendant may have to go back to jail after they are given ROR in Texas if they do not comply with all of the requirements of their agreement or if they miss any court dates. As noted above, failure to appear for a court date can result in a charge for failure to appear (FTA).
An FTA charge can give a court a reason to revoke a defendant’s ROR and place them back into custody. It is very important for a defendant to follow every requirement of their release to make sure they do not end up back in jail after they are ROR.
How Can a Texas Criminal Lawyer Help Me Get ROR?
A Texas criminal attorney can help someone get ROR following criminal charges. A defense attorney will represent the defendant in court and present the arguments and evidence supporting their request for ROR, including showing their ties to the community, housing and employment stability, and other supporting evidence.
A lawyer can also highlight that the defendant is trustworthy to wait for their trial without paying bail. If the defendant is a first-time offender with a clean criminal record, their attorney can also present that in support of their ROR.
Additionally, an attorney can negotiate with the prosecution for a possible ROR agreement, which will make the court more likely to grant it. A lawyer will also be able to argue against reasons presented by the prosecution why the defendant should not be granted ROR.
A criminal lawyer will also be able to assist with a ROR Texas appeal if the request is denied. There may be grounds for an ROR appeal, for example, denial of release, excessive bail, and unreasonable conditions.
Do I Need a Criminal Lawyer for Assistance With Release on Recognizance Options?
If you are facing criminal charges and want to ask for ROR in Texas, it is very important to consult with a Texas criminal lawyer for assistance.
A criminal lawyer will have the training and experience to represent you in court, present the best possible case for ROR, and negotiate with the prosecution on your behalf.
LegalMatch offers free attorney-client matching services that you can use today in as little as 15 minutes to find a Texas criminal lawyer who is licensed, prescreened, and ready to help you get ROR in your case. After submitting your ROR concern or question on the website, you’ll get attorney responses in about a business day from lawyers ready to help with your Texas ROR issue.
