Four(4) Types of “Release”
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The following information will be beneficial to those searching for information about the Four Types of Release, including own recognizance or bond:
Own Recognizance (OR): Own recognizance is where the judge simply releases you on a promise to appear at your next court date based upon the fact that you have established ties to the community and are not a risk to yourself or others. The judge will also look to see whether you have failed to appear for past court dates on other matters.
Third Party Release: This is where the judge releases you to a third party (usually your parents or spouse) with the promise that they will bring you to court. They will have to answer to the judge if you do not show up at one of your court dates.
Pretrial Services Release: This is normally seen only in felony cases. This involves the state’s agency monitoring you to make sure that you behave while you are out of custody and that you appear for all your court dates. This is similar to probation in that a surveillance officer could show up at your house at any time. If you are consuming alcohol, or have engaged in any illegal activities, they can inform the judge and have your release revoked immediately. Sometimes they will require you to wear an ankle monitoring device.
Bond: Bond is a method whereby the judge sets a certain dollar figure for you to post which will guarantee that you will appear at your next court date. If you fail to appear, the judge can then order a “Bond Forfeiture Hearing” to determine why the state should not be allowed to keep your money. Sometimes a “Bonding Schedule” is posted on simple misdemeanors which designate an amount of money that a person can post in order to be released prior to seeing a judge. It is usually about $500.00 on most misdemeanor charges. If a “bail bondsman” is used, usually a member of the Defendant’s family or a Defendant’s friend will contact the bonding agency. They need to give the bondsman approximately 10% of the bond amount, and then the bondsman will post the entire bond with the Court. The 10% which is given to the bondsman is their fee and will never be recovered by the Defendant. If a Defendant fails to appear in court, the bondsman will then send out a “bounty hunter” to track that person down and arrest them. They do this in order to make sure that the full bond amount is not forfeited by the judge at the bond forfeiture hearing.
Contact DM Cantor and speak to an attorney about the Four Types of Release, including own recognizance or bond.