Released on Your Own Recognizance
If you have been charged with a crime, you may be wondering whether you will be able to pay a bond to get out of jail. In such a case, you may be able to obtain a release on your own recognizance. A release on your own recognizance (or personal recognizance) is a written promise signed by the defendant promising that they will show up for future court appearances and not engage in illegal activity while out on release on their own recognizance.
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Jeffrey Johnson
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
UPDATED: Jul 16, 2023
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UPDATED: Jul 16, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Defendants released by judges on their own recognizance are allowed to leave jail with the promise that they will show up later on the court date. Similar to how a person signs a document promising to appear in court for a traffic violation but is otherwise free to go, defendants charged with a misdemeanor crime or, sometimes, even felony charges sign an agreement at the jail in lieu of bail promising to appear for their later criminal court date. Some states call this agreement a personal recognizance or PR bond, others may call it something else such as an OR for “own recognizance” or a signature bond.
Keep reading to find out what does personal recognizance mean. If you require further legal assistance, just enter your ZIP code below.
What does it mean when you’re released on your own recognizance?
Each state and county has its own set of rules to decide who is eligible to be released on their own recognizance. Despite these differences, there are certain categories of criminal charges or groups of defendants that are eligible for an order of release on recognizance. The first kind of defendant for release on their own recognizance is lower grade offenders. Jail officials only want to keep repeat and violent criminals in jail, so lower level, non-violent offenders tend to get priority on personal recognizance types of bonds. Defendants with a long criminal history may not be eligible for release.
The second category is indigent offenders. If a court or magistrate decides that a defendant cannot afford an attorney, they will appoint a criminal defense lawyer on his behalf. Similarly, if they find that the defendant is indigent and cannot afford a recognizance bond for release from jail, they will sometimes grant the defendant an OR so he can get out of jail.
The third category of offenders are those with serious medical conditions. For example, if a defendant has a condition that requires weekly chemotherapy treatments, then jail officials will ask the magistrate to set a PR bond so that the county is not liable for the defendant’s medical treatment while in jail.
The fourth category is defendants who have been held for a long time without a charge being formally filed. For example, in Texas, if a defendant was arrested for a felony drug offense, but over ninety days went by without the prosecutor obtaining an indictment, then Texas law provides for a defendant’s release on personal recognizance because of the delay.
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How do you get a PR bond?
After reviewing the criminal record and determining a defendant’s eligibility, the next step is getting the PR bond. Some jurisdictions or magistrates will automatically grant defendants PR bonds for lesser a criminal offense and for defendants that are indigent. Other jurisdictions require a defendant to file a motion. A motion is basically a one-page document that defendants send to the magistrate requesting a release on their own recognizance. Depending on the jurisdiction, it may use one of the following titles: Motion for Bond Reduction, Writ of Habeas Corpus, or Motion for Personal Recognizance Bond.
Regardless of the title, the process is the same. After the motion is submitted to the judge, the defendant must request a hearing on the motion.At the bail hearing, the defendant produces evidence or testimony that he cannot afford the bond, or that there is another reason (like a medical condition) explaining why he should be released on a PR bond. Evidence can include testimony regarding the defendant’s lack of assets or doctor’s records. The important thing to remember is that courts do not allow defendants to continuously request PR bonds. The bond reduction hearing is usually a defendant’s only chance at getting out, so he should be prepared to make the argument for release on his own recognizance.
Advantages and Disadvantages
The obvious advantage of being released on your own recognizance after an arrest is that it is significantly cheaper initially than a cash or surety bond. Some counties do not require that a defendant put any money down or contact a bail bondsman before being released. However, some do require defendants to participate in a pretrial release program where they report monthly to a probation officer while on bond. To participate, a defendant must make a monthly payment. The payment can range from $30 to $50 per month. Some require a larger one-time deposit. This will vary with the amount of the bond. Defendants released on their own recognizance tend to have more reporting requirements than other defendants. Before a defendant requests a PR or OR release, he should understand all of the pretrial release requirements in his jurisdiction.
The disadvantage of a PR bond is that the defendant is personally liable for the entire amount of the bond should he fail to comply with all of the conditions. For example, if a defendant had a $1,000 PR bond and then forgot to show up for court, the court could forfeit the bond and order the individual to pay the county the $1,000 bond. On surety bonds, the surety usually absorbs this expense. After forfeiture, a defendant is also sent back to jail and is usually not given another chance to get a PR bond.
How do judges decide whether to release someone on their own recognizance?
When it comes to deciding whether to require bail or release a suspect on his or her own recognizance, judges usually take a few factors in mind. These are generally the same factors that might incline a judge to set low bail bond. Thus, such factors include a suspect’s good past record, longtime residence in a community, support of family members, and employment.
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How can you get legal help?
If a defendant can’t find the forms or doesn’t know how to present evidence at a personal recognizance hearing, then he should consult with a criminal defense attorney. Even though the process is fairly simple, a hearing to be released on your own recognizance is not an opportunity to be wasted.
Case Studies: Release on Own Recognizance and Personal Recognizance Bonds
Case Study 1: John Smith – Release on Own Recognizance
John Smith, a first-time offender charged with a non-violent misdemeanor, was granted a release on his own recognizance. By signing a written promise to appear in court and abide by the law, John was able to leave jail without having to pay a bond. This option allowed him to continue working and supporting his family while awaiting his court date.
Case Study 2: Mary Johnson – Indigent Offender
Mary Johnson, facing felony charges, was determined to be an indigent offender unable to afford a recognizance bond. Due to her financial situation, the court granted her a release on her own recognizance, ensuring she wouldn’t remain in jail solely due to her inability to pay. This allowed her to seek legal representation and prepare for her defense while being free from custody.
Case Study 3: David Thompson – Medical Condition
David Thompson, diagnosed with a serious medical condition requiring regular treatments, was eligible for a personal recognizance bond. Recognizing the need for medical care outside of jail, the court granted him release on his own recognizance. This allowed David to receive the necessary treatment while ensuring he fulfilled his legal obligations and appeared for his court hearings.
Case Study 4: Sarah Davis – Delayed Formal Charges
Sarah Davis, arrested for a felony drug offense, had been held without formal charges for over 90 days. According to Texas law, this delay entitled her to a release on personal recognizance. Sarah was able to leave jail without a bond while awaiting the prosecutor’s indictment. This ensured her rights were protected and prevented her from remaining in custody indefinitely without formal charges.
Find the right lawyer for your legal issue.
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Jeffrey Johnson
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.