O.R. is an abbreviation for “own recognizance.” O.R. refers to the release of a criminal defendant without posting bail, based on a written promise by the defendant to appear in court when required to do so.
Courts and judges consider factors including severity of the crimes charged, the defendant’s criminal record, ties to the community, likelihood that the defendant will return to court, and the defendant’s threat to public safety. A defendant is not guaranteed to be released on their own recognizance merely because they can demonstrate they will appear in court and are not a safety risk.
The requirements for release on own recognizance vary by state and are found in the penal code. For example, California’s Penal Code §1318 outlines the procedure for release on own recognizance, requiring:
- “The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes:
- The defendant’s promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending.
- The defendant’s promise to obey all reasonable conditions imposed by the court or magistrate.
- The defendant’s promise not to depart this state without leave of the court.
- Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California.
- The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release.”
[Last updated in July of 2023 by the Wex Definitions Team]