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WHAT DOES OUT OF CUSTODY - GENERAL RELEASE MEAN IN CALIFORNIA

Lodi, CA |

Son was taken into custody on a 11379(A) HS then released a few hours later. Arrest record shows out of custody, general release. Was bail made or were charges dropped?

Attorney Answers 3

Posted

MOST LIKELY this means he was OR'd. In other words he was released but he is still ordered to appear at his next court date. He should've received notice (verbal or written) of his next court date and he is still ordered to appear. This does not mean that charges are dropped.

If a misdemeanor is committed in an officer's presence the officer has the option of arresting the defendant. Once the arrest has been made the court will decide whether to remand (no bail - stay in custody), set a bail amount, or release on OR (no bail but ordered to appear). In this case it looks like the court chose the latter and is allowing your son to be out pending his court dates. This means the court believes your son will show up to the court dates on his own.

THIS CAN CHANGE. If your son refuses to show up/stops cooperating with the court the judge can remand him and keep him in custody. You should contact an attorney in your area (if he is under 18 then a juvenile attorney).

Pratik Shah
Serving Southern California

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Posted

Released "own recognizance" = no bail. You still must show up at court date given on citation . Get an attorney. This matter can be dealt with depending on your record.

Andrew Roberts

Andrew Roberts (818) 597-0633/ (805) 496-7777

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Posted

General release means with no conditions--ie, geographic or otherwise. He still must appear in court.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

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