Judges have various options pertaining to release for a defendant in accordance with the law.
Release on Recognizance:
The release of a defendant upon the promise of the defendant to appear in court at all appropriate times. Recognizance releases are subject to the general conditions of release as ordered by the court (ORS135.230(6)).
Conditional Release:
The release of a defendant on a non-security release which imposes regulations on the activities and associations of the defendant. This release type contains the general conditions of release and additional special conditions designated to ensure the safety of the public and the alleged victim, and the defendant’s court appearance. Conditions imposed include reasonable regulations on activities, movements, associations, and residences of the defendant (ORS 135.260(1)(b)).
Security Release:
The release of a defendant conditioned on a promise to appear in court at all appropriate times which is secured by a security deposit (ORS 135.230 (12)). The Court shall set a security amount that will reasonably assure the defendant’s appearance and take the deposit, a sum of money equal to ten (10) percent of the security amount (ORS 135.265).
NOTICE TO ANYONE POSTING MONEY FOR RELEASE OF A DEFENDANT
READ THIS BEFORE POSTING MONEY FOR SOMEONE ELSE
- ✔ The Court may order the deposit forfeited to the State of Oregon if the defendant violates the conditions of their release.
- ✔ No money may be refunded until all matters in this case are completed in Court. If this defendant is found guilty, no money can be refunded until the defendant is sentenced.
- ✔ Any balance remaining will be refunded to the person indicated on the security release agreement as the person posting the money, unless otherwise ordered by the Court.
- ✔ No money will be refunded from the Coos Circuit Court Accounting Dept. until the Court has issued a signed order releasing the funds.
Pursuant to ORS 135.265, and order of the Court, the following will be DEDUCTED from the money posted prior to any refund:
- o A 15% fee (not less than $5.00) and no more than $750;
- o Any fines/fees imposed on the defendant from any charges which are pending or filed;
- o Any money the defendant owes the Court on any Oregon Circuit Court case;
- o Any money which the defendant owes in child support, and/or;
- o Any money which the person posting the money owes to the Court on any Oregon Circuit Court case or in child support.