The only way to freedom while awaiting criminal trial is for the court to release you on bail or your own recognizance. A release on your own recognizance means the judge accepts your promise to appear in court. As you can imagine, not everyone gets a release on their own recognizance. Below are some of the reasons you might not get such a release.



1. Serious Criminal Charges

The judge might not release you on your own recognizance if you face serious criminal charges since the stakes are too high. Most criminal cases in California fall under the three categories:

• Infraction: This minor offense does not attract imprisonment; an example is a traffic infraction such as speeding.
• Misdemeanor: This mid-level offense might attract incarceration in a local jail.
• Felony: These serious crimes can attract lengthy imprisonment or even death.

Thus, you are more likely to get an own recognizance release with an infraction or misdemeanor than a felony.

2. Past Criminal Charges

Both past and present criminal charges matter if you want an own recognizance release. The court will review your criminal record to determine whether to give you the release you desire.

Again, an infraction or misdemeanor in your record might not hurt your case much. However, serious crimes can hurt your application. Note that the court will use both the number and seriousness of your past criminal records to decide your case.

3. Past Bail Problems

As mentioned above, the government will always look to your past to evaluate your potential behaviors. Past behaviors that show your likelihood of skipping bail might deny you a release on your own recognizance.

For example, you might not get the release you want if you had skipped bail in the past. Similarly, you might have a difficulty getting what you want if you had violated some bail conditions in the past. Essentially, you want to convince the judge that you will obey all the possible conditions of your release.

4. Community Threat

The judge will not release you of your own recognizance if you cannot convince them that you are not a threat to the community. After all, detention is not just a means of punishment. Courts use detention all the time to keep the community safe from violent offenders. As such, the court might be reluctant to release you if:

• You discharged a firearm during your alleged offense
• Your alleged actions lead to serious bodily injury or property damage to other people
• Your alleged actions caused serious harm to third parties or innocent bystanders

For example, a financial fraud defendant is more likely to get a release on own recognizance than a robbery-with-violence defendant.

5. Inadequate Community Ties

The judge cannot release you on your own recognizance if they consider you a flight risk. For example, the judge might consider you a flight risk if you cannot prove adequate community ties. Discover some ways to prove strong community ties:

• Property ownership within the local jurisdiction
• Local family members
• Membership of a local religious organization
• A business or permanent job in the local community

For example, you might struggle to get an own recognizance release if the authorities arrest you in another state that you had never visited.

A single tie might not be enough to get your release. The more ties you can prove, the stronger your position will be.

Fortunately, you don't have to stay in jail even if the court does not release you on your own recognizance. You should not even despair if you don't have bail money. Bail Busters Inc can pay your bail and secure your release for a small one-time free. Contact us any time of the day and benefit from our professional bail bond service.