Legal Question in Criminal Law in California

Re: Being on your own O/R

Depending on whether the crime that is charged against you is a minor offense, or a second offense for the same thing, you may or may not be eligible for O/R release. The bail and release officer at the jail, if you're arrested and in custody, or the judge at your first court appearance must also evaluate your flight risk in deciding to release you O/R.

The law does permit the judge to set bail, or release the criminal defendant O/R after evaluating these factors.

Since in misdemeanor case an attorney may make all your court appearances, sometime the bail and release officer at the jail will factor in that the criminal defendant is represented by an attorney in making a final decision whether to release the person O/R.

There is of course law on this but there is a lot of policy that the courts us in making these determinations and they sometime vary from judge to judge in the same court, and from court to court.

See Penal Code Section 853.6(i) on reasons that an arresting officer may or may not release at the time of arrest, and PC 853.6 generally on the matter of O/R release.