OR Release in Los Angeles Country
An OR release in Los Angeles County involves somebody who has been taken into custody. Instead of having to post bail when they have a case and a court date to ensure their appearance, they are released on their recognizance—and that's where the OR comes from.
There are several ways this can happen. One is that there's actually a bail commissioner who can be appealed to while the person is in custody and before the sheriffs get them into court within two or three days.
Believe it or not, sometimes it's one day, depending on where they are and how busy the court system is. But if they are released on their own recognizance by the bail commissioner and they get out, they'll get a notice to appear in court, and they can appear without having to post bail and lose any money.
Lawyer Arguing for OR Release in Court
Another way to get an OR release in Los Angeles County is to appear in court, and your attorney can argue for it. Some of the factors a judge will consider as to whether or not to release you on your recognizance are whether you have any criminal record, if you have any prior failures to appear in court, or to see what the seriousness level of your case is.
In other words, there is bail for all criminal cases in LA County. The judges have come up with bail. If there is no bail, they'll look at the highest sentence the person can get, and that will determine the bail.
So, every single case is a bail, but the judge doesn't have to put a bail on it. They can release the person on their recognizance and just release them on their promise to appear in court. Now, there's new legislation that apparently has been passed. It is going to take effect in October 2019.
Elimination of Money Bail in California
The whole bail system is going to get knocked out, and people are either going to get detained where they can't get out by way of bail, or they will get released on some other condition. But they're basically attempting to get rid of the bail system so bail bonds can no longer make money by having people post bail.
So, unless somehow a proposition comes along in California to knock that out or some constitutional challenge is made to it, the bail system and OR release will become much more important. To me, if you get released with just a promise to appear, that's an OR release, and that's what criminal defendants want.
That way, they don't have to pay thousands of dollars to a bond company and can use their money for something else, like retaining a good lawyer. Because when it comes down to bail versus a lawyer, obviously bail is just like putting a band-aid on a bullet wound. It doesn't solve the problem, but hiring a lawyer can help you solve the problem.
Consult with a Lawyer Before Posting Bail
So, if you're trying to get an OR release, you're going to want to coordinate with an attorney. If you are a family member of somebody who has been taken into custody and you really don't want to pay thousands of dollars in bail, then you need to consult with an attorney because an attorney can give you an idea of whether there's any chance of a person being released on their own recognizance and save you thousands of dollars in bail money.
Sometimes, the attorney will say there's no chance. The crime is too serious, and the person has too many criminal records.
They have failures to appear – there's going to be some sort of bail. Other times, the attorney will be able to say pretty definitively, yes, the person has a good chance of being released on their recognizance. Then, of course, there's always that middle ground when considering whether someone will be released OR, and that has to do with a number of different factors, including the judge and the prosecutor.
If the prosecutor doesn't object to an OR release in LA County, then the person is going to get out on their recognizance.
It's very rare that the defense and prosecution agree on an OR release if the judge does not agree. But if the prosecutor vehemently argues against it and gives reasons why the person shouldn't get an OR release or be released on their own recognizance, then the defense is going to have to argue back, and ultimately, the judge will decide.
Factors Considered By Judge in Deciding OR Release
The two key factors in deciding whether someone will be released on their own recognizance or what their bail will be are whether that person is a flight risk and whether that person is a danger to the community.
The more dangerous you are, the more likely you are not to come back to court, the less likely you'll get an OR release, and the more likely you'll get a high bail. In the new system, which is coming up in about a year, assuming it goes through, the more likely you'll get detained on a case and won't be able to get out.
So, if you've got a situation or your loved one has a situation where you want to get released on your recognizance, contact a criminal defense attorney. That's your first stop. Let the attorney advise you that. Let the attorney assist you in getting the OR release if you want the best likelihood of success.
