Attorney James K. Minick

Attorney James K. Minick

Typically, after a person has been arrested, they are required to post bail in order to be set free before their trial. To determine bail, a judge or magistrate will either follow a bail schedule (a preset amounts for certain crimes) or use his own discretion. As such, this bail amount could range anywhere from only a couple hundred dollars to several million dollars depending on the crime and the judge’s mood. Because of this, most people would prefer to avoid bail entirely and not pay anything to gain their freedom. But is this possible?

Release On “Own Recognizance”

Through the granting of release by own recognizance, a person is allowed to walk out of jail without paying a dime.  Typically, all that is required by the person is to sign a document that states that the person will appear in court as required. However, although the person does not have to pay bail, the judge can still set bail requirements and conditions on the person. These requirements or conditions could be anything like:

  • Checking in with a parole officer;
  • Wearing a ankle GPS bracelet;
  • Agreeing to not drink alcohol or consume drugs; or
  • Subjecting to random drug or alcohol test;

Failure to follow these conditions could cause the judge to order the person’s arrest and keep the person in prison for the rest of the time leading up to the trial.

Obtaining Release On Own Recognizance

To be released on your own recognizance, the judge must believe that you are not a danger to the community or pose a risk of fleeing the charges. In determining this, the judge will look at the circumstances of the crime in question, consider any influencing factors, and make a decision on whether the person will pose a danger of failing to show up to their trial date. Generally, most people that are released on their own recognizance are people who have strong ties to the community, no previous criminal record, and/or the crime the person has been charged with is not very serious or dangerous. Because of this, being released on your own recognizance is something that you can’t typically alter or affect after your arrest.

Contact Us

If you or someone you know have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. Contact Us at Minick Law, P.C. for a free consultation on your case.

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