When someone is arrested, they sometimes have to wait in jail until their case is concluded. In most cases, bail is set. A standard option is that the defendant has to pay a certain amount of money to be released.
However, there are circumstances in which defendants don’t have to pay anything but can still go home. This is known as being released on your own recognizance (ROR).
That means you promise to return for all court dates, and you don’t have to pay money up front. You just need to sign a document agreeing to certain terms and conditions and ensure you attend all your scheduled court appearances.
Keep reading to learn more.
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Factors Judges Consider for Bail or Being Released on Your Own Recognizance
When someone is arrested, one of the first questions that comes up is whether they can be released before trial. Judges make this decision based on many factors besides the actual charge the defendant is facing, including:
Flight Risk
A judge wants to know if there’s a chance a person might not return to future court dates. If someone has missed court before, especially if there wasn’t a good reason for it, the judge is less likely to let them out on their own recognizance.
A judge will also check to see if the defendant has friends and family nearby, or if they have ties to another state or country, which could indicate that they’re more likely to leave and not return.
Public Safety
The safety of the general public is always at the forefront of a judge’s mind. Charges involving violence or accusations connected to weapons often make it harder to get released without monetary bail being set.
Criminal History
Your criminal record matters significantly when judges determine bail. Judges will consider both the number and severity of previous convictions. Someone with no criminal history is more likely to be let out on their own recognizance than someone with a violent felony conviction.
Victim and Witness Concerns
If there are reports that a person may try to contact, harm, or intimidate victims or witnesses, a judge will consider this when making bail decisions. In addition to setting bail, the judge may also implement no-contact or protective orders.
The decision the judge makes is based on a lot of factors, and your lawyer will do everything they can to argue that you should be granted an ROR.
How a Criminal Defense Lawyer Can Improve Your Chances of ROR
If you or a loved one has been arrested, being released without having to pay bail can make a significant difference in your case. A skilled criminal defense lawyer knows strategies that can help increase your odds of getting ROR or having the bail amount as low as possible.
Here’s what they can do to help:
Being Prepared Right Away
Early on, a lawyer can present a judge with your verified plan once you’ve been released. This typically involves disclosing where you’ll live, your employment situation, any responsibilities such as childcare, and any support services you have arranged. Being prepared at the first hearing shows you’re stable and responsible, not a flight risk.
Show Mitigation
Criminal defense lawyers organize material to show reasons you should be released ROR, even though your history or charges may be concerning to the judge. This could include letters from family members and employers discussing your character and your work ethic, or proof that you’re enrolled in school or alcohol and drug treatment.
Anything that helps show the judge you have support and are working to get your life back on track can help.
Address Prior Failures to Appear
If your file shows you’ve missed court before, your lawyer should explain why this time would be different. For example, maybe you didn’t have a car the last time you were dealing with charges, and now you do, so you won’t have transportation issues when it comes to court hearings.
Address Safety Concerns
A lawyer can help resolve any concerns about safety by showing your willingness to follow the rules laid out by the court. This may involve agreeing to a no-contact order, promising to stay away from certain places, or limiting travel as a condition of your release. Taking these steps demonstrates that you respect the court’s authority and are willing to cooperate.
Argue for Other Release Options
Sometimes, the court or prosecutor just doesn’t want to agree to ROR because they’re worried you won’t come back for your hearings. When this happens, your lawyer can suggest alternative options that offer more assurance.
This could include supervised release, where you meet with a probation officer every week, or electronic monitoring, which allows your whereabouts to be tracked at all times without requiring you to be in jail.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation With a Lexington Criminal Defense Lawyer
Being allowed to stay out of jail during your case is a significant advantage. It not only maintains your freedom but also allows you to freely work with your lawyer, giving you a better chance of building a successful defense. If you’re facing charges, you don’t have to go through this alone.
Contact Suhre & Associates DUI and Criminal Defense Lawyers today to speak with a Lexington criminal defense attorney at (859) 569-4014. We offer a free consultation.
