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How to Get Released on Your Own Recognizance
How to Get Released on Your Own Recognizance
Getting released on your own recognizance, or ROR, means being let out of jail without having to post bail while your case goes through the court system. Whether you get ROR’d depends on a bunch of factors, like your criminal history, if you have a job, and your ties to the community.
Judges have a lot of discretion on granting ROR, so it helps to understand the process and put your best foot forward. This article explains how ROR works, things that help or hurt your chances, and what to expect if you do get out ROR’d.
What is Release on Recognizance?
Release on recognizance, or ROR, is when a judge lets you out of jail without posting bail. You don’t have to put up any money or property. But you do have to promise to come back to all your court dates. If you miss court, the judge will issue a bench warrant and you’ll get arrested again.
Judges can grant ROR at two main points:
- At your arraignment: This is when you first go before a judge after getting arrested. The judge reads the charges against you and enters a “not guilty” plea unless you say otherwise.
- At a bail hearing: If the judge sets bail after your arraignment, you can ask for an ROR at a bail hearing instead of posting bond.
ROR is more likely at your first court appearance. Judges know less about you then versus if you’ve already tried and failed to post bond. But it still pays to ask whenever possible!
Why Judges Grant ROR
Judges have a lot of leeway with ROR. But there’s two main things they look at:
- Likelihood to re-offend: Judges don’t want to let someone out who seems likely to commit more crimes. They’ll look at things like your criminal history and any addictions.
- Risk of flight: Judges also want to make sure you’ll come back for your court dates. Ties to the community like a job, house, or kids enrolled in local schools show you’re not likely to skip town.
Judges have to balance public safety with your rights to a fair trial. Low flight and crime risks tip the scales toward letting you out ROR while awaiting trial.
Things That Help Your Chances for ROR
Every case is different, but there’s some common things that boost chances of getting out ROR versus sitting in jail or posting bond, including:
- No criminal record, or only minor crimes
- Strong community ties – steady job, own home, kids in local schools, etc.
- Only charged with misdemeanors, not felonies
- No violence involved with your charges
- Apologize to the judge and take responsibility for your actions
- Turning yourself in instead of getting arrested
- Entering rehab if drugs/alcohol were involved
Having an attorney argue for your release also helps versus going it alone. Public defenders get a bad rap but know what judges want to hear.
What Hurts Your Odds of Getting ROR
While everyone deserves fair treatement innocent until proven guilty, there’s a few things that make judges less likely to grant ROR, such as:
- Prior failure to appears (FTAs) for court dates
- Breaching previous bail terms or protective orders
- Serious new charges while out on bail
- Violent crimes like assault domestic abuse, or weapons charges
- Lack of ties to the community, like no job or permanent address
- Active parole or probation at the time of your arrest
Judges get more cautious if you seem like a flight risk or could reoffend if let out. Be ready to explain why this time is different if any of the above apply.
What to Expect if Released ROR
Getting ROR’d feels great after sitting in lockup. But don’t celebrate too much – ROR comes with responsibilities, like:
- Showing up for all court dates on time, or earlier
- Staying in the state unless allowed to travel
- No committing new crimes!
- Checking in with your probation officer if assigned one
- Possibly submitting to drug/alcohol testing or searches
- Following any protective or restraining orders
Make sure you know all the rules of your release. Violating ROR terms means new charges or bail getting revoked.
Even if the case gets dismissed down the road, skipping court dates leaves a warrant for your arrest. So take ROR seriously!
What Happens if You Violate ROR?
Hopefully you stick to the straight and narrow if released ROR. But mistakes happen, often because of addiction or poverty. If you violate ROR terms, a few things could happen:
- The judge issues a bench warrant for your arrest
- You get charged for failure to appear in court
- The judge revokes ROR and sets new bail terms
- Any plea deals are taken off the table
- It hurts your bargaining position and future ROR chances
So if you do slip up, turn yourself in quickly! Admit fault and throw yourself at the judge’s mercy. Take rehab or counseling seriously. This shows you’re trying versus being defiant.
Final Tips for Getting Released ROR
Every case is different, but here’s a few quick tips for upping your odds of getting ROR:
- Be polite and respectful towards judges, prosecutors, and court staff
- Research the judge’s record on granting ROR for similar charges
- Highlight your community ties and low flight/crime risk
- Bring proof like pay stubs, diplomas, kids’ report cards
- Have an attorney highlight weaknesses in the prosecution’s case
- Offer to enter counseling or rehab if it fits
- Beg for mercy and promise to fix any issues that led to this point
The courts are crowded, so you’re just one of many cases. Make yourself stand out as someone deserving a chance to fight your case from outside jail!
And if released, don’t squander your opportunity. Follow ROR terms to the letter, or else regret it!
Good luck out there!