Released on Your Own Recognizance

 Posted on December 00, 0000 in Criminal Defense

When you have been arrested and charged with a crime, regardless of the severity of the charge, you have the right to a fair trial. The criminal justice system in many jurisdictions, however, is often backlogged and your trial may be scheduled several months in the future. Depending on the nature of the alleged offense, as well as your history and reputation, the court has several options to ensure that you are present for your trial when required. In cases involving traffic offenses and minor misdemeanor charges, the court may elect to release you on your own recognizance.

What Does Own Recognizance Mean?

Being released on your own recognizance is, in short, the best-case scenario if you have been charged with a crime. First and foremost, it means you are not required to remain in custody until your trial. It also means that you are not required to offer any form of financial security, such as bail, to guarantee your appearance in court. Instead, you promise in writing to appear whenever required and you are free to go about your life. Depending on the case, you may be subject to certain stipulations and failure to comply could result in your arrest.

When deciding to release you on your own recognizance, the court will take into account a number of factors. In addition to the severity of your charges, the judge will also consider your reputation, position in the community, employment, and demeanor toward the case in determining the likelihood that you will appear as promised. If the likelihood is low, the court will probably not agree to release you on our own recognizance.

Alternatives to Own Recognizance

There are two alternatives at the court’s disposal if your own recognizance is not deemed appropriate, and one has very limited application. The most common alternate method of securing appearance at trial is by setting bail, or an amount of money that must be paid as collateral to ensure a defendant appears in court. Money paid as bail is refundable to the defendant upon appearance, less administrative fees or applied fines as appropriate.

In the most extreme cases, the court may order that a defendant remain in custody until trial without bail. Illinois law provides that such an option is only available for certain alleged offenses and should be used very carefully.

If you have been arrested on suspicion of crime and were released on your own recognizance while awaiting trial, contact an experienced Kane County criminal defense attorney. Call the The Law Office of Brian J. Mirandola today to schedule a free initial consultation. We will review your case, help you understand your options, and work with you to minimize the potential impact to your future.