Release on own recognizance

Release on own recognizance

Frequently, the computer crime defendant has all the characteristics that make him or her an excellent candidate for release on his or her own cognizance, (herein referred to as "own recognizance or "O.R.)"FN71

It is clear from case law that the purpose of bail is not to punish a person accused of a crime. Bail may not be set in an amount higher than necessary to assure the defendant's appearance for trial.FN72 An argument by the prosecutor urging that the nature of the crime justifies denial of an O.R. release is improper and flies in the face of the presumption of innocence.FN73 A defendant released on his or her own recognizance need not post any bail or other form of security but must simply execute a promise to appear at all scheduled court appearances including trial.

Numerous organizations exist that attempt to ensure that all persons in jail are automatically considered for release on their own recognizance. These organizations often attempt to educate the accused about the consequences of failure to appear in court.FN74 The attorney should learn as much as possible about such organizations, checking with court personnel, the public defender's office, and the probation department if necessary.

Counsel should keep in mind that the O. R. Investigator may not be particularly sensitive to the client's belief in his or her own innocence. When posed to the client, questions like "Is this the address you will return to when you get out of jail?" are likely to be somewhat disturbing to someone who has never seen himself or herself as a criminal, and has no expectation of ever seeing the inside of a jail.

Analogously, the O. R. investigation requires verification of the facts alleged by the applicant for O. R. release. Thus the client should be prepared to list those individuals who will verify residence and work information. Where colleagues are not aware of the charges pending against the client, a call from a bureaucrat who assumes that most defendants are guilty may not be the most desirable way of communicating the information. The O. R. investigator may easily make this impression on the uninformed supervisor or landlord.

Counsel can perform a useful function by filling out the O. R. release form with the client before submitting it to the O. R. investigator, and discussing carefully who will be used as a reference, and how that person should be informed of the matters involved.

The O. R. form also requires information about past arrests and convictions. The information contained on the form will not be sealed, and will be available to the District Attorney at the time of arraignment. Therefore, care must be exercised that the client not feel embarrassed by disclosures that might have been avoided in good conscience. Before counseling the client about the appropriate answers to the questions concerning arrests, counsel should check the law in the jurisdiction about what information may legitimately be withheld.