ABA Family Legal Guide

Criminal Justice

Court Procedures

Initial Criminal Court Proceedings

Am I likely to be released before my trial?

You are not guaranteed the right to be released before trial. The judge will consider whether you are likely to flee or pose a danger to the community if the court releases you before trial, or pending disposition of your case. Points in your favor include strong family ties in the area, longtime local residence, and current local employment.

Release on recognizance (or own recognizance or personal recognizance, often abbreviated ROR, OR or PR) is common for most offenses. This does not involve posting bail money, but you will have to make a binding promise to return to court on a date specified by the judge. Some types of release do not involve posting a money bail, but do have a money liability attached in case of failure to appear. Attachment of a financial condition that does not have to be posted is usually referred to as an unsecured bond.

If the court grants you OR status or releases you on bail, you must reappear in court as agreed. If you do not appear, the judge could revoke your bail or OR status. Failure to appear also may be a separate criminal act. The judge also could issue a bench warrant for your arrest. The police then will find you, take you into custody, and place you in jail.

If the judge decides that it is appropriate to set a financial bail, the issue then becomes the amount that you must post for your release. Your bail may not be excessive (unreasonably high). Some states have bail schedules that set out the charges and the bail that would apply to each charge. The judge also may condition release on bail upon a hearing at which you must satisfy the court that the source of money and collateral for the bail is legitimate.