For those seeking information about the Four Types of Release, including own recognizance or bond, the following details will be helpful…
Own Recognizance (OR): Under own recognizance, the judge releases you based on a promise to appear at your next court date. This decision relies on factors such as your community ties and the assessment that you pose no risk to yourself or others. The judge may also consider your past record of court appearance.
Third Party Release: In this type of release, the judge allows you to be released into the custody of a third party, often your parents or spouse. The third party takes responsibility for ensuring your presence at all court dates. If you fail to appear, the third party will be held accountable by the judge.
Pretrial Services Release: Usually applicable in felony cases, pretrial services release involves the state’s agency monitoring your behavior while you are out of custody and ensuring your court appearances. This monitoring is similar to probation, where surveillance officers may visit your residence unannounced. Any violation, such as alcohol consumption or engagement in illegal activities, can be reported to the judge, potentially leading to the revocation of your release. In some cases, you may be required to wear an ankle monitoring device.
Bond: Bond refers to a process where the judge sets a specific amount of money that you must post as a guarantee of your appearance at future court dates. If you fail to appear, the judge may initiate a “Bond Forfeiture Hearing” to determine if the state can retain your money. Simple misdemeanors often have a predetermined “Bonding Schedule,” indicating an amount, typically around $500, that can be posted for pretrial release before seeing a judge. When using a bail bondsman, a family member or friend typically contacts the bonding agency. They must provide approximately 10% of the bond amount as a fee, and the bondsman then posts the entire bond with the court. The 10% fee paid to the bondsman is nonrefundable for the defendant. If the defendant fails to appear in court, the bondsman may employ a “bounty hunter” to locate and apprehend them. This ensures that the full bond amount is not forfeited during the bond forfeiture hearing.
To receive comprehensive guidance on the Four Types of Release, including own recognizance or bond, it is advisable to contact TedLaw and consult with an attorney who can provide tailored assistance.