Own recognizance, or OR, is release on a signed promise to return to court, with no money posted. Bail is release secured by money or a bond. A judge decides which applies, and a person who is not granted OR can still be released on bail.
- Misdemeanor defendants are generally entitled to OR unless a judge finds a reason not to
- A violent felony charge needs a hearing in open court before OR
- Missing court after OR release is a separate crime
- A bail bond can bring someone home before the first hearing
What OR release is
Own recognizance. Release on a signed promise to come back to court, with no money posted. means the court lets the person go on a written promise. Under Penal Code section 1318, the person signs an agreement to appear at every court date, obey reasonable conditions, not leave the state without permission, and waive extradition if they are found outside California.
The Judicial Council's pretrial services program describes the options a judge has. Release on own recognizance, set bail, order detention, or impose conditions such as check ins or monitoring.
Who qualifies
Penal Code section 1270 says a person arrested for a misdemeanor is entitled to OR release unless the court finds, on the record, that release would compromise public safety or would not reasonably assure the person comes back to court. Felonies are decided case by case. Under Penal Code section 1319, no one arrested for a violent felony can be released on OR until a hearing is held in open court.
In Los Angeles County, many misdemeanors and nonviolent felonies are now handled under the court's pre arraignment release protocols. See LA County's release rules.
Side by side
| Own recognizance | Bail bond | |
|---|---|---|
| Cost | None | A premium, most commonly 10% of bail |
| Who decides | A judge or magistrate | The bail amount comes from the schedule or a judge. You choose to post it |
| Timing | Often at arraignment or a magistrate review | Can be posted as soon as bail is set |
| If court is missed | A warrant, and a separate charge under Penal Code section 1320 | Forfeiture, a warrant, and possibly a separate charge under section 1320.5 |
Why timing matters
Penal Code section 825 generally requires that an arrested person be taken before a magistrate within 48 hours, not counting Sundays and holidays. An arrest late on a Friday can mean a long wait for the first hearing. If bail is already set, posting a bond can bring the person home before then, so they can keep a job and meet with an attorney.
Which one is right
If OR is likely and the wait is short, waiting can save money. If bail is set and every day in custody puts a job or a family at risk, a bond is often worth it. An attorney can tell you how a judge is likely to see the case. Jane Un Bail Bonds will tell you honestly whether posting now makes sense. Call (800) 351-8911.
Questions
Can I ask for OR release?
The defense attorney can ask the judge for OR release or a lower bail, usually at arraignment.
If bail is posted, can OR still be granted later?
A judge can change release terms at a later hearing. Ask the attorney how that would affect a bond that was already posted.
Need help tonight? Call or text (800) 351-8911, 24 hours a day.
Sources
- California Penal Code section 1318, the release agreement
- California Penal Code section 1270, own recognizance release
- California Penal Code section 1319, violent felony release hearings
- California Penal Code section 1320, failure to appear after OR release
- California Penal Code section 1320.5, failure to appear on bail
- California Penal Code section 825, time to first court appearance
- Judicial Council of California, Pretrial Services Program
- California Courts Self Help Guide, The arraignment
Sources checked October 27, 2026.
Keep reading
- LA County Pre Arraignment Release, ExplainedSince October 2023, many people arrested in Los Angeles County go home without posting money. Many others still need bail. Here is the difference.→
- How Bail Works in CaliforniaWhat happens between an arrest and a release, who sets the bail amount, and the ways a family can post it.→
- How Much a Bail Bond Costs in CaliforniaThe premium, the discount Jane offers, what else you may be asked to pay, and how to check that an agent is licensed.→