An own cognizance release is a legal process where a previously-booked defendant can avoid jail time and bail by submitting a written document guaranteeing that they will be on their best behavior outside of prison. The defendant swears on oath that they will follow all the rules of a defendant on bail while they are out of jail. In a way, it’s like being on bail without having to pay.
Usually, being on OR release means that the defendant must stay up to date with all court hearings and regularly report their whereabouts to a case officer monitoring them. Of course, there are other things a defendant may be required to do as part of their dues. Let’s look at some such tasks to do when on OR release.
Drug and/or Alcohol-related Items
This one is usually for those facing a DUI or drug case. The court will require the defendant to be clean or sober for the duration that they are out, except if they require to ingest prescription medication. They may also be required to strap on some alcohol and drug monitoring devices, as well as submit to surprise tests. The defendant may also be required to attempt a substance abuse rehab program even when the court hearing is in order.
Assault/Domestic Violence/Harassment Items
Defendants facing domestic violence and physical assault charges will be required to avoid getting in contact with other parties concerned to the case while they are out. They will also be barred from visiting locales related to the complaint, such as their place of residence (if they are married or living together), their place of work (if they are co-workers), or just about any place with many people (if they pose a risk to the public). In most extreme situations, the defendant may be put under home detention and only allowed to visit certain places under supervision.
Items Related to Law Enforcement
You can expect to be subjected to several police searches for the duration that you are out on OR rules. These searches do not require a search warrant, so avoid resisting if you do not wish to be arrested. You will also be required to report to a probation officer about your activities from time to time. Failure to do so can tip off the authorities that you are missing on your duties.
Miscellaneous Items
Certain cases that have OR options require other kinds of responsibilities so that the defendant can stay out of jail. For example, the defendant may be required to observe curfew hours for as long as they are required. They may also be required to avoid travel outside of Nevada, as well as wear a monitoring device to keep authorities in the know about their current location.
Different charges have different requirements for their OR releases to be granted. Talk to your lawyer about the different own recognizance requirements that you may need.