Like most states, California has laws that allow defendants the privilege of an own recognizance (OR) release. Knowing how these laws work and why they may not apply to your situation can help you to understand why posting bail is the fastest way to get out of jail. Below you will find four common causes for courts to deny OR releases in California.

1. Violent Felony Charges

Judges will rarely release those accused of violent felonies on their own recognizance, although they are not prevented by law from doing so. Instead, California stipulates that judges must hold a formal hearing when considering OR releases for most violent and serious felonies. In the meantime, you will be subject to the bail the county bail schedule stipulates.

The prosecutor will also be able to present their case during this formal hearing, and they likely will argue against an OR release. Note that even if you believe that an OR release is unlikely in your case, you can request that the judge set a lower bail. The prosecutor may still argue against this during your hearing, but your odds of receiving a reduced bail are better than having your bail waived entirely.

2. Lack of Community Ties

Even if the judge does not believe that you pose a genuine flight risk, a lack of community ties can often be detrimental to your chances of receiving an OR release. Judges typically prefer only to release defendants who have clear reasons to stay for their trial. Close family ties or business connections, along with other evidence of a lack of flight risk, can often be helpful to secure a release without bail.

Unfortunately, many defendants won't meet these sometimes stringent requirements. In essence, the judge is looking for evidence that fleeing will be more costly (either socially or financially) than remaining for trial. Convincing a judge that this is the case is often challenging without a lawyer to help you make your case.

3. Outstanding Warrants

In almost all cases, judges will deny OR releases if you have any other outstanding warrants. The court will often take existing outstanding warrants as evidence that you are a flight risk, and so bail will be seen as a necessity to ensure that you make your trial date. California only allows judges to deny bail under specific circumstances, so you will likely still be granted bail even if you have prior outstanding warrants.

4. Evidence Presented by the Prosecutor

Although the court will not consider your guilt or innocence until your trial, the judge may still consider evidence from the prosecutor and police when evaluating an OR release request. Some judges may choose to err on the side of caution and simply post bail according to the schedule.

In most cases, judges will only grant OR releases to first-time offenders for low-level, non-violent crimes. Often, even these standards are not enough without additional evidence of strong community ties to allay flight fears. Because of this, the quickest path to release is often to post the bail as set by the county schedule.

If you find yourself in need of bail services, then Albert Ramirez Bail Bonds is here to help. We can discuss your options and work to get you out of jail quickly.