After an arrest, you have to pay bail to be released from lockup. If you cannot pay, you have to remain in jail until the end of your trial or pursue another option for release by seeking help from Andy Callif Bail Bonds. Our team can work to get you released by posting bond for you.
In some cases, however, judges agree to release offenders on a Delaware recognizance release. While this release does not require payment, there are penalties for failing to keep up your part of the agreement, and if something prevents you from complying with the terms of your recognizance release, a Delaware bail bonds agent can help.
Our firm has been helping residents of Delaware find their way through challenging criminal justice situations for two decades, and we are ready to put our experience to work for you.
What Happens After an Arrest
When you are put under arrest, law enforcement officers put you in handcuffs and take you into custody. Then, they must read you your rights. Next, officers transport you to the police precinct for booking.
During the booking process, you will be photographed and fingerprinted. Officers will also take and catalog your personal property. Once you have been booked, you await your arraignment, a hearing before a judge, which typically occurs within 48-72 hours of your arrest.
At your arraignment, the judge will explain the charges against you and determine the terms of your release from custody. If the judge imposes bail, you have to make a payment to be released, and if you cannot afford that payment, a Delaware bail bondsman from Andy Callif Bail Bonds can help. If the judge issues a Delaware recognizance release, you do not have to make a payment but do have to make promises to the court.
Call (614) 221-0100 today to speak with our experienced Delaware bail bondsman!
Delaware Recognizance Release Explained
Unless you are charged with a crime that does not allow for you to be released from custody until the end of your trial, you have the opportunity for pretrial release.
According to the Ohio Legislative Service Commission, the criminal court must impose the “least restrictive conditions” when granting your release while still working to guarantee your appearance at future court dates, the safety of the community, and that you will not “obstruct the criminal justice process.”
These least restrictive conditions mean your bail cannot be set at an unreasonably high amount. In some circumstances, this means the judge will not impose a bail amount but instead issue a Delaware recognizance release. With a recognizance release, you do not have to put up any bail to leave police custody–you are released on your own recognizance (ROR).
The Law Dictionary defines recognizance as “an obligation of record, entered into before some court of record…or criminal court, to keep the peace, to pay a debt, or the like…”
More simply stated, “recognizance” is a promise you make to the court to show up for subsequent court dates and abide by all court orders upon your release. Ohio Code Section 2937.29 codifies this release option.
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What Happens When You Get a Delaware Recognizance Release
So, just what does it mean to be released on your own recognizance? It means you must sign a Personal Recognizance Bond or Unsecured Bail Bond agreement. By signing this document, you:
- Acknowledge your charges
- Promise to appear for all court proceedings
- Promise not to engage in unlawful activities
- Swear to comply with all conditions of your release–you may have to attend classes or stay away from certain people or locations, for example.
- Agree to give your attorney all your contact information and respond to any communication from your attorney.
- Agree to remain in Ohio while your case is open and sign a waiver of extradition should you leave the state and be returned by law enforcement
Our clients often ask, “How are bail amounts determined?” and what factors contribute to receiving a Delaware recognizance release? Bail amounts for crimes are somewhat standardized, but a judge has the power to increase or decrease those amounts based on your criminal record, employment status, flight risk, danger to the public, and other factors.
If your risk factors are low and your alleged crime is a non-violent, low-level misdemeanor, the judge may issue a ROR decision.
Contact our bail bondsman today at (614) 221-0100 to get your bail bond now!
Consequences for Failing to Comply with Recognizance Release Terms
Ohio Code Section 2937.99 establishes what happens if you fail to appear after being released on bail. The consequences vary depending on your initial charges. However, they are always serious.
If you are facing misdemeanor charges, your failure to appear for a court date counts as a first-degree misdemeanor with punishments potentially including 180 days in jail, a fine of up to $1,000, or both.
If your alleged crime was a felony, your failure to appear in court counts as a fourth-degree penalty. You could face up to 18 months in prison, have to pay up to $5,000 in fines, or get both penalties.
After violating an ROR agreement, you will not likely get a payment-free bail option if you are charged again. In fact, your flight risk may increase the amount imposed by the judge. But even in those difficult situations, our team can help.
Our bail bondsman is available 24/7. Call us at (614) 221-0100
A Delaware Bail Bondsman is Ready to Help
A bail bondsman in Delaware helps you post bond when you do not have the resources to pay bail. We “vouch” for you to the court, promising you will comply with your bail agreement and return to court on your appointed date. For our services, you pay us a fee equal to 10% of your total bail amount.
Once released, you can spend your pre-trial time in a safe place, among the supportive people in your life, and may even be able to continue working and moving through your daily activities as usual.
You will also be able to contribute more meaningfully to your defense. Do not stay in jail a minute longer than you have to–reach out to Andy Callif Bail Bonds for help securing your pre-trial release.
Our Delaware bail bondsman is available 24/7, call us (614) 221-0100!