After being arrested and thrown in jail, getting out is usually the top priority. But what are your options for obtaining release from custody? Even for a minor offense, bail can be $10,000 or more. If you don’t have the cash on hand, you’ll generally be forced to go to a bail bondsman who will normally charge a nonrefundable 10% fee—money that you won’t be getting back. So is there a way to get out of custody without paying bail or a bondsman? Yes—it’s called “released on recognizance.”
What Is Release on Recognizance?
Release on recognizance gets you out of jail based on a promise to appear in court. In other words, a judge agrees to let you out of jail in exchange for your word that you’ll show up for all your future court dates—plus a signed contract to that effect. It’s essentially a get-out-of-jail-free card.
Some states shorten release on recognizance to “O.R. release” or “R.O.R.” You might also see references to personal recognizance (“P.R.”) release or bond.
How to Get Release on Recognizance
Typically, only a judge can release a person on O.R. In deciding whether to grant O.R. release, a judge ordinarily looks to factors like:
- the seriousness of the arrest offense
- your criminal history
- whether you’ve missed court dates in the past, and
- whether you have significant ties to the community (like family or a job).
Basically, the judge is trying to gauge whether you’re a flight risk or pose a danger to the community. If the judge has no concerns in these areas, your chances of getting O.R. release are much better.
Who Is a Pretrial or O.R. Officer?
Many courts depend on pretrial or O.R. officers to conduct investigations and prepare reports with pretrial release recommendations. This officer will look into a defendant’s prior criminal record, call their friends and family, and possibly speak with their employer or other community ties. After compiling all this information, the officer presents their recommendations to the judge.
Does O.R. Release Come With Conditions?
If the pretrial or O.R. officer recommends O.R. release, they might also recommend conditions of release. Those conditions might include refraining from using drugs or alcohol, attending substance abuse or mental health counseling, or staying away from certain people or places.
What Happens If You Violate O.R. Release?
If you blow off a court date or violate a condition of release, the judge can revoke O.R. and put you back in jail. A judge’s other options are to require bail or bond or impose harsher conditions of release. Most likely, you won’t get a second get-out-of-jail-free card.
How Fast Can You Get Released on Recognizance?
Jail officials can let you out if you post bail, but they generally don’t have the authority to grant O.R. release. So if want to request O.R., you’ll have to wait to talk to a judge.
Your earliest opportunity to get in front of a judge usually occurs on the first day that court is in session following your arrest. For example, if you’re arrested on a Tuesday night, you’ll likely get to see a judge on Wednesday. But if you get busted on a Friday, you probably won’t get to speak to a judge until Monday. At this first court date, you or your attorney can make a pitch to the judge for O.R. release.
Is Release on Recognizance a Good Deal?
It depends. The downside of requesting O.R. release is that you have to sit in jail while waiting to see a judge. Posting bail is generally a much quicker way of getting out of jail. In most cases, you can bail out right away after being booked—that way, you don’t need to spend much, if any, time behind bars. Many people aren’t willing to spend time in jail just for the chance to save a few bucks on bail. For these people, paying a bail bondsman is well worth it, especially if jail time also means missing work and a paycheck.
Talk to a Lawyer
If you're arrested and sitting in jail, talk to a criminal defense lawyer as soon as you can. A lawyer can help gauge whether you have a good shot at getting O.R. release and how long you'll have to wait. The lawyer can also present a good argument to the judge on why you are trustworthy and not a flight risk.
