What is the difference between getting out of jail on bail and getting out of jail on your own recognizance?

When you are put into jail after you are arrested, a judge will review your situation and asses you on a number of different levels. If the judge (or a pre-trial representative) believes that you will return to court in order to stand trial for a crime that you have been accused of committing, then the judge may decide the let you go from jail on your own recognizance. When you are let out without having to pay bail, the courts are basically saying that they believe that you will return to stand trial. Generally, this only happens with misdemeanors, such as shoplifting.

When a judge determines that you need to have a bail, the judge is, in part, requiring a guarantee that you will return to court in order to stand trial for a crime that you have been accused of committing. When a judge determines your bail amount, he will take a look at a variety of factors, including the following:

The Locality

Different localities and even different judges will set bails at different levels. All jurisdictions go by a schedule that can help the judge to determine the bail amount.

Past Offenses

The judge will look at an individual’s past criminal history. If a person has a criminal history, then the judge will probably not let the person go on his or her own recognizance. Instead, the judge will determine that bail is necessary. Bail will be higher if an individual has a good deal of criminal offenses on his or her record. A judge may even deny bail based on the number of criminal offenses on a record.

Likelihood of Flight

A judge will determine whether or not you will return to court in order to stand trial. If the judge believes that you may flee, then the judge may set a higher bail or may even determine that no bail should be granted.

Crime

The crime also largely determines the amount of bail. If you are in jail for murder, for example, the bail will be set at $1 million or more, or the bail may be denied altogether.

Basically, the difference between being released from jail on your own recognizance and on bail depends on your criminal history, the nature of the crime, and the risk that you may flee. First time offenders on misdemeanors will sometimes (depending on the judge and locality) be let go on their own recognizance.