Bail Bonds Laws: Release from Jail on Own Recognizance

The following California Bail laws are taken from the California Penal Code concerning bail related own recognizance (“O.R.”) release from jail. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification please visit my online privacy policy statement.

Entitlement to own recognizance release 

Penal                      1270

1270. (a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, whereunder the defendant shall be released. (b) Article 9 (commencing with Section 1318) shall apply to any person who is released pursuant to this section.

Failure to appear; release on own recognizance

Penal                      1320

See also Failure to Appear & Fugitives

1320. (a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court. (b) Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony, and upon conviction shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in the state prison, or in the county jail for not more than one year, or by both that fine and imprisonment. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.

Hearing in open court; own recognizance release

Penal                      1319.5

See also Types of Bail

1319.5. (a) No person described in subdivision (b) who is arrested for a new offense may be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge. (b) Subdivision (a) shall apply to the following: (1) Any person who is currently on felony probation or felony parole. (2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any felony offense. (B) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1). (C) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (D) A violation of Section 484 (theft). (E) A violation of Section 459 (burglary). (F) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.

Own recognizance release; entitlement

Penal                      1270

1270.  (a) Any person who has been arrested for, or charged with, an
offense other than a capital offense may be released on his or her
own recognizance by a court or magistrate who could release a
defendant from custody upon the defendant giving bail, including a
defendant arrested upon an out-of-county warrant.  A defendant who is
in custody and is arraigned on a complaint alleging an offense which
is a misdemeanor, and a defendant who appears before a court or
magistrate upon an out-of-county warrant arising out of a case
involving only misdemeanors, shall be entitled to an own recognizance
release unless the court makes a finding on the record, in
accordance with Section 1275, that an own recognizance release will
compromise public safety or will not reasonably assure the appearance
of the defendant as required.  Public safety shall be the primary
consideration.  If the court makes one of those findings, the court
shall then set bail and specify the conditions, if any, whereunder
the defendant shall be released.
   (b) Article 9 (commencing with Section 1318) shall apply to any
person who is released pursuant to this section.

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Updated: 03/03/2010