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Factors for Release on Personal Recognizance: What the Judge Could Consider

Factors for Release on Personal Recognizance

Posted 2 years ago by Jim Titus

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We’ve discussed the types of bonds in Michigan in many of our past blogs. We’ve also touched on the idea of being released on personal recognizance. But what is that, really? And what factors for release on personal recognizance might a judge consider?

Here’s a general overview about how that works.

What Does Personal Recognizance Mean?

Personal recognizance is an agreement or promise made to allow a defendant to be released from jail or arrest without bail. It is often granted in traffic matters and minor crimes.

In its simplest terms, the word recognizance itself refers to an obligation to do something. Most often, it refers to a defendant’s promise to return to court.

Even with a signed promise to return to court, however, the defendant may be faced with bond conditions. Bond conditions may include things like travel restrictions or having no contact with a specific individual, such as in the case of stalking or domestic violence.

Factors for Release on Personal Recognizance

Factors for Release on Personal Recognizance

Following are some of the most common factors for release on personal recognizance that a judge likely would consider.

• The severity of the crime

If the crime is severe, it’s unlikely that the arrestee will be granted release on personal recognizance. It is more often used for minor crimes and misdemeanors.

• The person’s ties to the community

This issue can work for or against a defendant. If the defendant is a well-known, respected, trustworthy member of the community, that would increase the defendant’s chance of being released on personal recognizance.

However, if the judge believes that the person’s ties to the community make him or her a flight risk, it could keep a judge from granting a recognizance bond. In fact, the possibility that a defendant is a flight risk could keep a judge from granting a defendant’s release altogether.

• Personal reputation

Going hand-in-hand with the person’s ties to the community is his or her reputation. If the defendant has a criminal history, for example, a judge would be less likely to grant a recognizance bond. On the other hand, if the person is known to stand by his or her word, releasing him or her with just a promise to return to court to face the minor charge shouldn’t be too difficult.

• Whether it’s beneficial for the person to return to his or her family, friends, and job

The last thing anyone wants is for someone to lose a job or diminish a relationship with a family member because of a minor crime. No one and nothing would benefit by a job loss – not the defendant, the judge, society or its economy. A judge most likely would consider the potential negative consequences of not allowing release on personal recognizance and decide accordingly.

Contact Detroit Bail Bonds for More Information

If you need more specific information in your case regarding factors for release on personal recognizance, contact us or your attorney. We can be reached through our Detroit Bail Bonds website or by phone at 313-244-0669.

Factors for Release on Personal Recognizance

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