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  • What Happens if You Violate the Conditions of OR?

    Posted on by JACK MKHITARIAN

    Help from a New Mexico Criminal Defense Lawyer

    man resisting handcuffsBeing arrested and charged with a crime is a daunting experience.

    Whether you are guilty or not, the entire process wreaks havoc on your day-to-day life; and spending time in jail puts your employment, family, and piece of mind at risk.

    Fortunately, most people arrested and charged with a crime do not have to deal with the emotional and mental trauma of being in jail, because of the bond system.

    If you are arrested in New Mexico, you may be able to get pre-trial release. Pre-trial release can come in a few different forms. You can get a bond, and bond coupled with pre-trial release conditions, or you could be released on your own recognizance. Being released on your own recognizance means that you do not have to pay any money to secure your release. This can happen if the judge decides that you are trustworthy enough to show up for your subsequent court dates.

    However, an OR release is not a free ticket to fly to another state or go about your life as usual. Instead, you have pre-trial release conditions you must follow. Failure to follow these conditions can land you back in jail – where you could be held until your trial date.

    When Does a Judge Grant OR?

    Most OR releases come with standard conditions, such as not leaving the state, contacting the court for check-ins, and not being arrested for subsequent offenses.

    A judge will only allow a defendant to have OR if:

    • The crime is minor and does not involve serious harm to a person.
    • You have no past criminal convictions.
    • You pose no threat to public safety if released.
    • You have close family ties, employment, and community ties keeping you in the area.

    Common Conditions of OR

    Your conditions depend on the crime. However, common conditions imposed include:


    • Attending Rehab or Treatment Classes – Depending on the crime, the judge might require that while you wait for your trial date, you attend rehab or treatment classes, such as domestic violence therapy or alcohol rehab. You might be required to attend an anger management class if you were charged with aggressive driving.
    • Surrender Your Vehicle and License – Some offenses, like drunk driving, might require that you surrender your vehicle and driver’s license until your trial date. That means if you are caught driving while on OR, you would be violating the terms of your release.
    • Keeping Court Informed – You might be required to keep the court informed of your actions or periodically have to check-in. Often trial dates are weeks or months out; therefore, you may be required to check in once a week until your trial date. Also, if you are staying with family, changing jobs, or any contact information changes, you are required to notify the court immediately.
    • No Contact – If there is a victim, the court will prohibit contact with that victim. The court might also require you stay so many feet from the victim or their residence until your trial.
    • Drug and Alcohol Testing –When you check-in, you might be required to submit blood or urine for alcohol and drug monitoring – especially if your crime involved illegal substances.


    The Consequences of Violating OR

    The court has granted you release free of charge; therefore, in return, you must follow all conditions. If you disagree with a condition, you still must follow it. Failure to follow these conditions could result in being arrested and placed in jail until your trial date. If your trial date is months away, you could stay in jail for several months – potentially resulting in the loss of your job, family, and/or housing in the process.

    Speak with a NM Attorney About Pre-Trial Release Possibilities

    Just because you are arrested for a crime does not mean you will stay in jail until your trial date or pay outrageous bonds. When you work with a criminal defense attorney, you have a better chance of being granted OR or low-bond release.

    To explore your options, meet with New Mexico Criminal Law Officesby calling 505-375-4672, or request more information online