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Simple English definitions for legal terms
own recognizance (OR)
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A quick definition of own recognizance (OR):
Own recognizance (OR) means a person is released from jail without having to pay money to promise they will come back to court. Instead, they sign a paper saying they will come back to court when they are supposed to. The court looks at things like how serious the crime is, if the person has a history of breaking the law, and if they are a danger to the community before deciding if they can be released on their own recognizance. If the person doesn't come back to court like they promised, they can get in trouble and have to pay a fine or face more charges. Different states have their own rules about own recognizance, like California, Texas, and Ohio.
A more thorough explanation:
Own recognizance (OR), also known as personal recognizance, is a legal term that refers to a release from custody without the need to post bail. This release is based on a written promise by the defendant to appear in court when required to do so.
Courts consider several factors when deciding whether to grant OR release, including the severity of the charges, the defendant's criminal history, their ties to the community, the likelihood of returning to court, and the potential threat to public safety. However, even if a defendant meets all the criteria, they are not guaranteed to be released on their own recognizance.
Failure to appear in court after an OR release can result in a fine and additional charges.
- In California, OR release is governed by California Penal Code Sections 1270 and 1318 to 1320.
- In Texas, OR release is governed by Articles 17.03, 17.04, and 15.17 of the Texas Code of Criminal Procedure.
- In Ohio, OR release is governed by Ohio Revised Code Sections 2937.29 and 2937.99.
These examples illustrate how different states have their own laws and regulations regarding OR release. It's important to understand the specific laws in your state if you or someone you know is facing criminal charges.