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Mail Tribune Local News Section
April 16, 2007

Since You Asked: In search of your own recognizance

The majority of local arrests listed in the Mail Tribune deal with drugs. In most case descriptions, the paragraph ends with "He (she) was lodged in jail and released on his (her) own recognizance." What does the statement mean? Are there any subsequent charges, pleas or trials? What normally happens to the offenders? Thanks.

— G. Anderson, via e-mail

"Released on one's own recognizance" is just a way of stating in legal terminology that a person is free from jail, did not post bail and is required to return to court on any charges.

But take it from our reporters who spend hours every week typing up Emergency Services, most drug offenders are not lodged in the Jackson County Jail only to be released on their own recognizance. Bail is assigned in most cases ($5,000 for possession of methamphetamine, for example).

While some suspects are released within a few hours on account of overcrowding in the jail, many appear before a Jackson County Circuit Court judge the next afternoon. At that point, the judge may choose to release the defendant on his or her own recognizance or leave the bail as set.

In the event that suspects are indicted by a grand jury without being arrested, they simply are ordered to appear in Circuit Court to hear the charges, a hearing known as an arraignment. Following the hearing, most are ordered to the jail for fingerprinting and photographing. Many do not have to post bail and — you guessed it — are released on their own recognizance. If defendants fail to appear at their next court date, a warrant is issued for their arrest.

From the point of arraignment, most drug cases progress toward a trial. Many drug defendants plead guilty before trial and often are sentenced to probation with possibly 10 to 30 days in jail. There are, of course, exceptions, but Oregon sentencing guidelines dictate similar sentences for most drug offenders.

youasked@mailtribune.com

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