On June 22, 2010, The Red Jumpsuit Apparatus announced via Myspace blog that their upcoming EP release would be titled "The Hell or High Water", and that the first song from it, "Choke", would be released on June 28, 2010 as a free download. The EP was recorded in the band's studio in Middleburg, Florida, and was mixed and mastered by Paul Lapinski. This was their first release following their departure from Virgin Records, and was released on August 24, 2010. The full-length album following the EP was scheduled to be out in early 2011.