On Your Own: What to Know About “OR” Release
In the state of Nevada if you have been charged with a crime you have several options for how to secure your release. Do all Americans have the right to bail if they are arrested? The answer is yes. What may people do not know is that in addition to bail, you can ask your attorney to file a motion on your behalf asking the court to grant you release on your “own recognizance”. Court cases can be tedious and inconvenient. Bail amounts and OR releases ensure the court that the accused will show up to all required court appearances. The advantage of an OR release is that no money is required to secure the person’s release.
What is OR release?
OR release means that you are being released under your own recognizance. Simply put, the court is allowing you back into society under certain conditions. The court is not obligated to grant you OR release. A promise to show up in court must be signed, and a criminal background check is performed. Accused persons with lengthy criminal histories are not likely to qualify for this release option. A person’s chance of obtaining OR release is also contingent upon the type and severity of the crime he or she is accused of committing.
How is OR different than other options?
The main difference between OR release and bail or bond release options is money. If a person is granted an OR release, no money is ever requested, posted, or negotiated. You are simply being released because your attorney has proven to the court that you have a track record of responsibility. Possessing good habits, such as financial solvency, proves favorable in a plea for OR release. Being financially solvent simply shows the court that you are able to pay bills on time. Managing your money wisely by putting aside savings and possessing a fund for emergency situations shows the court that you are typically a responsible person. Having family or business associates in the vicinity is also a plus in your favor.
Bail is another option for release. This option is similar to the OR release because it depends on criminal history as well. If a person is deemed a violent criminal or threat to society bail will be set to an astronomically high amount and OR will not be an option. Bail is usually set for persons that are not financially solvent. Someone posts bail on the accused’s behalf, and if that person responsibly appears in court, then the bail will be refunded at the close of the court case.
What is the difference between OR and bond? If someone utilizes a bail bond that means that a portion of the bail has been paid on loan. In this case the bail amount is not refunded. Only a portion of the bail is paid up front with the remainder financed through a bond company. An accused person or their representative may not have all the cash necessary to post bail. This is where bond companies can help. They typically require 15% of the bail amount to be paid up front which, when paid with a premium guaranteed by collateral, allows the bond company to pay the bail amount on behalf of the accused to secure his or her release. In this situation, any amount spent securing bail is refunded to the bond company after the case is closed.
What affects the outcome of OR?
Release on an individual’s own recognizance is contingent upon court’s confidence in the defendant. Many things can influence the court when deciding which type of release, if any, it should grant. The following factors affect the court’s ability to release a person on their own recognizance.
- Personal ability to appear in court.
- Not likely to flee the state or country.
- Having been proven relatively responsible.
- Previous good civic works.
- Family present in the community.
- Owns a business in the community.
- A person’s demeanor.
- Negligible previous criminal history.
- Financial solvency.
- Type of crime alleged to have been committed.
Many things can affect the outcome of a court case. Contact us for help if an OR release is not a viable option for you.