Pretrial investigations and releases
When someone is booked into jail on a new charge, there are several ways they can get released from jail. One way is called an own recognizance release.
Scroll down for more information on own recognizance releases, our role, and answers to frequently asked questions.
Pretrial release at time of booking
If booked into jail, defendants may be released from custody while their case is ongoing. One type of release is called an own recognizance release (OR). An O.R release is when the court sets rules that the defendant must follow in order to remain out of jail while the case is pending. If the O.R release includes supervision, it is called Supervised O.R (SORP).
Defendants booked on new arrests may be granted an O.R. release directly from the jail prior to going to court, provided they are not ineligible due to something like having a history of failing to appear for court or because the charges are serious or violent in nature.
If they are ineligible at the time of booking into jail, then they must wait until they go to court to be considered for an OR release.
Our role in the process:
Pretrial staff work 24/7 in the jail to create reports and facilitate the probable cause review process and own recognizance release decision process.
A report prepared by Pretrial Services will be provided to the judge to help them make a pretrial release decision. The report includes a risk assessment, criminal history information, and demographic information.
The judge's decision will result in one of these outcomes:
- The defendant is granted a release from custody on their own recognizance (O.R). or supervised own recognizance (SORP.). The defendant will be given a future court date and released from custody.
- Release is denied. If defendants are not released, officers assist the reviewing judge in the determination of probable cause for detention and the setting of an individualized bail. A court date will be scheduled for within 3 business days and the defendant may be released on OR or SORP at that time.
Pretrial release at time of arraignment
For those not released directly from the jail prior to their 1st court appearance, the court will conduct a release hearing at the arraignment.
An arraignment is the 1st court appearance for a defendant. A defendant will go to court for their arraignment within a few days of their arrest if they are still in custody.
Our role in the process:
A report prepared by Pretrial Services will be submitted at the arraignment. The report includes a risk assessment, criminal history information, and demographic information which assist the judge in making a release decision.
Pretrial Services officers may attend arraignment hearings as needed to present the reports, conduct follow-up investigations, and answer any questions the judge or attorneys may have about the defendant.
A release may also be granted at any subsequent court hearing.
What to expect at arraignment
- The defendant will learn what crimes they are being accused of committing and the judge will decide whether to release them from custody, or set bail if they are still in custody.
- A future court date will be set at arraignment.
- If defendants haven't hired an attorney, one from the Public Defender's office or the Alternate Defender's Office will represent them.
- Court hearings are open to the public.
- Pretrial Services staff cannot answer legal questions.
What does an own recognizance release involve?
You may be granted an own recognizance release by the judge and be required to make all scheduled court appearances and not violate any laws while the case is pending. An own recognizance release is when the judge lets someone out of jail without having to pay bail. An own recognizance release has conditions the defendant must follow.
The judge also has the option of imposing special conditions on an individual’s release that require supervision by our office; a Judge may therefore grant a supervised own recognizance release program (SORP) release from jail. Conditions of release vary according to the particular risks involved in the case and may include substance abuse or mental health treatment, domestic violence counseling, GPS monitoring, and/or continuous alcohol monitoring.
Call us if you are unsure about what kind of release you were given or if you lost your paperwork.
| Type of release | Defendant actions and responsibilities |
|---|---|
Own recognizance (OR) release
|
|
Supervised own recognizance program (SORP) release
|
|
Frequently asked questions by defendants
Call the department of Pretrial Services immediately during regular business hours at (408) 918-7900 to find out information on release requirements and future court dates.
Although you may not be eligible for release at the time of your arrest and booking, you may become eligible for release when you appear in court for your in-custody arraignment. Additionally, circumstances may change that affect your eligibility at a future court date; examples include warrants resolves, holds dropped and so forth.
It is placed in a confidential envelope in the court file.
Frequently asked questions about defendants' release and bail
You can seek help from the Victim Services Unit (VSU) at the District Attorney's Office:
- 70 W. Hedding Street, West Wing San Jose, CA 95110
- Email: [email protected]
- Phone: (408)-295-2686
With Sheriff's inmate locator, you can look up the detainee's name to see whether they are in custody.
Use the California VINE service to sign up for release notifications.
You can get bail information from the following sources:
With Sheriff's inmate locator, you can look up the detainee and their bail.
Department of Corrections’ Administrative Booking section at (408) 299-2305
Santa Clara County Superior Court clerk's office; visit the Court's contact information page.