Bail & Own Recognizance (O.R.) Release
Fullerton Bail Attorney Fighting for Your Freedom
Bail must be set no higher than is reasonably necessary to ensure the defendant's appearance at future court proceedings. It is not intended as a means to prematurely punish those who have not been convicted of a crime. Notwithstanding, when determining the appropriate bail, the Court must assume that the facts alleged by the prosecutor, i.e. in the police report, are true.
Still, any person who has been arrested for or charged with a non-capital offense is entitled to be released on his or her own recognizance unless the court makes a finding on the record in accordance with California Penal Code § 1275 that an "own recognizance" (O.R.) release will compromise public safety, or will not reasonably assure the appearance of the defendant as required. If such a finding is made, the court must set bail.
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When Can an Accused Get an O.R. Release?
Oftentimes, a skilled criminal attorney can secure the pretrial release of an arrested defendant on their own recognizance or promise to appear. In such cases, even where bail has been set by the arresting agency, the defendant is immediately released with no outlay of money and there is no need for any bail bond. Other times, a motion for reduction of bail or O.R. release can be made in court at arraignment, shortly after the arrest, or at other times during the pendency of the case, as appropriate.
Factors Used in Determining Pre-Trial Release Eligibility
Making the motion for a bail reduction or O.R. release serves both to secure the pretrial release of the defendant and to humanize them, which can be an effective part of their overall defense strategy. Fullerton Bail Attorney Jacqueline Goodman can assist you in requesting and making bail, no matter what charges you are currently facing. It is will be her job as your defense attorney to convince the court that you have earned a fair bail amount and that you are not a risk to anyone or the integrity of the case.
The two factors are at the heart of every bail review are:
- Flight risk: Facts such as the defendant's substantial ties to the community – including how long and where they reside, work, or attend school – and family ties, record of past court appearances, and lack of prior failures to appear all indicate that the defendant is not likely to jump bail and flee the jurisdiction. Moreover, retention of counsel is a further important indication that the defendant intends to stay and answer to the charges. Courts recognize that the fact that someone who hires an attorney is less likely to flee.
- Danger to the community: Whether or not the defendant poses a risk to the safety of the community is less a question of the past history of the accused and more a question of the crime charged. Since the defendant is presumed guilty for the purposes of bail, violent crimes and multiple DUIs will concern a Court. In such cases, offering some additional conditions of release, like house arrest or AA meetings, is helpful.
Generally, the prosecutor need not be given any notice or opportunity to participate in a decision to grant an O.R. release. The exception to this rule is that before any person who is charged with certain specified felonies may be released on his own recognizance, the prosecutor must be given a two-court day notice and a hearing must be held in open court, at which the prosecutor is allowed to participate. Even in the most serious cases, however, there is no need to comply with the two-day notice requirement if the O.R. release motion is made at the defendant's arraignment because it is reasoned that the prosecutor would already be prepared to address the issue.
Speak with an Attorney Who Knows Local Courts
Are you feeling stuck in jail after being arrested in Orange County or Fullerton? Call the Law Offices of Jacqueline Goodman at (866) 294-8952 as soon as you can. With the legal guidance of Attorney Jacqueline Goodman, you can argue for a lowered bail amount or for any bail amount at all if the Court was thinking of denying you bail.
Take your future into your own hands. Contact her firm now.