Consequences of Violating Your OR Release in Nevada

Getting arrested in Las Vegas doesn’t always mean an indefinite period in prison. For most cases, the defendant can simply post bail and gain temporary release before the hearing begins in earnest. In others, one will simply promise, in writing, that they will attend all future hearings and avoid committing any criminal acts so long as they are allowed to be free without bail. This method is known as ‘own recognizance (OR)’.

An OR release is not entirely a free ticket out of incarceration, however. Defendants who break their promises can expect even more severe penalties when they eventually return to court for their case. Let’s look at some of the consequences of violating your OR release in Nevada.

Explaining Own Recognizance

Before we go into details, let’s first look at what an own cognizance release entails. In brief, an own recognizance release allows a defendant to avoid detention after booking, so long as they submit a written document vowing that they will submit to all court rules for the duration of the legal proceedings. An approved OR release also frees up the defendant from the requirement to post bail.

As with posting bail, however, availing of an OR release is dependent on several factors. These include:

• Severity of the crime
• Defendant’s criminal record (if any)
• Any potential danger the defendant poses to the public
• Other points like family ties, current employment, and community connections

Consequences of Breaking Your OR

The bare minimum requirement to meet your OR dues often just require you to regularly attend your court hearings. You are also expected to avoid committing a repeat offense or a different crime while on OR release. Failure to do so can lead to some serious repercussions, like:

• Immediate arrest through a bench warrant
• Immediate incarceration, with or without bail
• Reimbursement of costs incurred during their arrest if apprehended outside the court’s jurisdiction
• Possible revocation of certain defendant privileges, such as plea deals and reduced sentences

Note that certain circumstances can bring down even more severe penalties for the OR violator, particularly if they are involved in a high-end criminal case.

How To Comply with Your OR Release

Fortunately, completing your own recognizance release duties is relatively easy. Some of the basics have already been mentioned earlier, including regularly attending court hearings, keeping the court updated of your current whereabouts, and refraining from getting involved in crime.

Depending on the circumstances, a defendant on OR release may have to comply with any of the following requirements to retain their privileges:

• Avoiding drug and alcohol consumption (except for prescription medication)
• Wearing location monitoring and/or alcohol-detecting devices
• Submitting to surprise drug and alcohol tests
• Attending rehab and therapy programs
• Refraining from getting in touch with other parties involved in the case
• Refraining from visiting certain places, particularly the related crime scene
• Abiding by a curfew
• Submitting to police searches even without a warrant
• Home detention and escorted travel
• Updating a probation officer
• Avoiding out-of-state travel unless required or approved

Own recognizance grants a defendant a lot more freedom while avoiding to pay for additional legal fees. However, it comes with the duty to stay clean for the duration of the case, lest the defendant gets even worse legal consequences. Consult with your Las Vegas defense attorney to learn more about how to proceed with an OR release procedure.

Can I be arrested for violating my conditions of O.R. release?

Criminal Defense » Can I be arrested for violating my conditions of O.R. release?

Posted on December 21, 2018

Yes. Defendants in criminal cases who get released on their own recognizance (OR) may get arrested if they violate the terms of their release.

What are the standard O.R. conditions in Nevada?

At a minimum, defendants released on OR are required to appear at future court hearings — in other words, not skipping court. And if they do skip court, defendants are required to waive extradition if they are subsequently arrested outside of the state.

Some of the other conditions courts may impose on defendants released on OR include:

abstaining from alcohol and/or drugs (unless the drugs are medically prescribed);

wearing a SCRAM bracelet that detects alcohol;

taking unannounced chemical tests (blood, breath, or urine) to test for alcohol or drug use;

attending rehab or another treatment program;

avoiding contact with specific people, such as the victim(s) in the case;

avoiding going to specific places, such as the scene of the alleged crime or the home or office of the alleged victim(s);

wearing an electronic monitoring device as well as paying for all associated costs;

submitting to police searches, even if the police lack probable cause of criminal activity;

abiding by a curfew;

home detention (not leaving the defendant’s residence except for court, school, work, medical appointments, or other obligations approved by the court);

regularly contacting a probation officer, such as after every court appearance; and

remaining in state for the duration of the case (unless given permission by the court to leave)

These conditions are not like a criminal sentence: The defendant has not been convicted of anything because the case is still ongoing. Instead, these conditions are meant to strike a balance between allowing the defendant to remain out of custody while protecting the health, safety, and welfare of the community.

If the court learns that a defendant has violated the terms of the OR release, then it will issue a bench warrant for the person’s arrest. People with outstanding bench warrants may get arrested at any time, such as during a traffic stop.

What happens if I violate the O.R. conditions?

Under NRS 178.4851, Nevada police are required to arrest defendants released on OR if they have probable cause to believe that the defendant has violated a condition of his/her release. The court may detain these defendants with or without bail.

And if the defendant is arrested outside of the jurisdiction where his/her criminal case is, the defendant has to reimburse the jurisdiction for any costs it incurred to bring the defendant back into the jurisdiction.

It always looks bad to judges when defendants violate the terms of their OR release, such as failing to appear at court in Nevada. Even though it has no bearing on whether the defendant is guilty or innocent of the underlying criminal charge, violating OR conditions cannot help but prejudice the judge and prosecutors against the defendant. For instance, it may deter prosecutors from giving the defendant a good plea deal.

Therefore, defendants who are lucky enough to get an OR release must try to “wear a halo” and be extremely careful not to do anything that defies court orders. Defendants who follow the rules tend to get better plea deals and better treatment by the court.