The bail process in Maryland involves several steps to determine whether a defendant can be released from custody while awaiting trial and under what conditions. Here’s a general overview of how it works:

1. Arrest and initial detention: After an arrest, the defendant is typically taken to a police station, booked, and held until a bail hearing can be scheduled.
2. Bail hearing: This is usually the defendant’s first court appearance after an arrest. The hearing often occurs within 24 hours of the arrest. During the hearing, a judge or a commissioner will decide whether to release the defendant and under what conditions. This decision is based on several factors, including the severity of the crime, the defendant’s criminal history, ties to the community, and the risk of flight.
3. Determining bail: Maryland’s bail system discourages setting high financial bail amounts as a condition for pretrial release. Instead, it focuses on the least burdensome conditions necessary to ensure a defendant returns to court and does not pose a danger to the community. The options include:

• Own recognizance (OR): Release without any financial payment, based on the defendant’s promise to return for court proceedings.
• Unsecured bond: The defendant is released on the condition that they will pay a specified amount if they fail to appear in court.
• Secured bond: Requires a cash payment or property as collateral before release. The amount must be posted or guaranteed by a bail bondsman.
• Non-financial conditions: These may include regular check-ins with a pretrial services program, restrictions on travel, or other conditions.

1. Review and appeal: If bail is denied or set higher than the defendant can afford, they (or their attorney) can request a review of the bail decision. This review is usually conducted by a higher court or a different judge.
2. Pretrial release: If the defendant is granted bail and can meet the conditions set by the court, they will be released from custody while awaiting trial. Failure to comply with the conditions of release can lead to arrest and the potential forfeiture of any bond posted.
3. Monitoring: Defendants released pretrial may be monitored by a pretrial services agency, which ensures they comply with the conditions of their release and appear at all required court dates.

Maryland’s approach to bail has evolved, particularly with reforms aimed at reducing the reliance on cash bail and ensuring fair treatment regardless of a person’s financial ability. This shift reflects a broader trend toward more equitable justice practices, emphasizing safety and fairness over financial conditions.

What are bail bonds, and what does a bail bondsman do?

A bail bond is a financial agreement a criminal defendant makes to secure their release from jail pending trial. If the bail amount is more than the defendant or their family can afford to pay outright, they can opt to use a bail bond service provided by a bail bondsman (or bail bond agent). The bail bondsman provides the bond and assumes the risk of the defendant not appearing in court. The bondsman has a financial interest in ensuring that the defendant complies with all court dates, as failure to appear could result in the bondsman paying the full bail amount to the court.

The bail bondsman offers a surety bond to the court to guarantee that the defendant will appear in court when required. In return, the defendant (or someone on their behalf) pays the bondsman a fee, typically about 10% of the total bail amount, which is non-refundable. The bondsman may ask for collateral (like property or a vehicle). This collateral is at risk if the defendant fails to appear in court, as the bondsman can seize and sell it to recover the bail amount.

How do you bail someone out of jail in Maryland?

Bailing someone out of jail in Maryland involves several steps that vary slightly depending on the local jurisdiction and the case’s specifics. Here’s a general guide:

• Determine the bail amount: The first step in bailing someone out is to determine the bail amount and the conditions attached to it.
• Decide on the bail payment method: You can pay the full bail amount in cash to be held by the court until the defendant completes all required court appearances. Property can sometimes be used as collateral. You can contact a licensed bail bondsman if you cannot afford the full bail amount.
• Complete paperwork: Whether paying cash or using a bond, you must complete some paperwork to process the bail. This paperwork ensures you understand your responsibilities, including ensuring the defendant appears in court.
• Submit the payment or bond to the court or jail: This can usually be done at the court clerk’s office or directly at the jail where the defendant is being held. The specific location and acceptable forms of payment can vary, so it’s important to confirm these details in advance.
• Wait for release: Once the bail is posted, it may take the defendant anywhere from a few hours to more than a day to be processed and released. This timing depends on the specific procedures at the facility where they are being held.
• Ensure compliance: After being released, the defendant must comply with all conditions set by the court, including appearing for all scheduled court dates. Failure to comply can result in arrest and forfeiture of the bail amount.
• Recover bail money or collateral: If you paid cash bail and the defendant complied with all bail conditions and court appearances, the bail money will be returned to you after the case concludes, minus any administrative fees or fines. If a bail bondsman was used, the fee you paid them is non-refundable, but any additional collateral should be returned if the defendant met all their court obligations.

Understanding and following these steps can help ensure a smooth process for bailing someone out of jail in Maryland. A competent Maryland criminal defense attorney can guide you through the process.

If you are facing criminal charges in Maryland, Carey Law Office can help you. Call us or fill out this contact form to set up a free initial consultation today.