A suspect’s criminal trial may not begin for weeks or even months after he is arrested. Typically, the court will release the suspect from jail while he awaits trial in exchange for bail money. But sometimes, the court will release a suspect on his own recognizance instead. Here’s what you need to know about a release on your own recognizance:
What is a Release On Your Own Recognizance?
A suspect that is released on his own recognizance is not required to pay bail money. Instead, he must sign a document that states he will return for all court appearances in the future. The suspect may also be required to stay in the area or contact the court on a regular basis until his case has been resolved. If the defendant has been accused of committing an alcohol or drug-related offense, the judge could order him to attend a substance abuse program after he is released. Sometimes, the judge will even set a curfew for the suspect. If a suspect violates one of the terms of his release, a warrant will be issued for his arrest.
Who is Released on Their Own Recognizance?
It is up to the judge to determine which criminal defendants can be released on their own recognizance. The judge will take a number of factors into consideration when making this decision, including:
- The nature of the defendant’s crime
- The defendant’s criminal record
- The defendant’s ties to the community
- The defendant’s employment
- Whether or not the defendant poses a threat to the community
Based on these factors, a defendant with no criminal record that is accused of committing a minor, non-violent crime has a good chance of being released on his own recognizance. This is especially true if the defendant has family in the area and works full-time for a local employer. However, a defendant with prior convictions who has committed a violent felony will probably not have a chance at this release since he is considered a danger to the community. A defendant with no ties to the community may also be denied this form of release since he is considered a flight risk.
Have you been arrested? If so, contact The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC right away. Our experienced attorneys will start working at once to secure your release from custody as soon as possible. Call our office at 816-322-8008, email us at firstname.lastname@example.org or fill out our confidential online form to schedule a consultation today.