Have you or a loved one been arrested in Maryland? You’re probably wondering about bail. Bail is the amount of money or property you must put up to be released from jail while awaiting trial. But what if the bail the court sets is more than you have or can afford? Are there any ways to get your bail reduced? The criminal defense attorneys at Carey Law Office have answers to your questions.

What is bail, and how does it work?

Essentially, bail is a guarantee to the court that you’ll show up for all required hearings and comply with any conditions while you wait for trial. Bail isn’t a punishment as much as a tool to encourage you to comply with court dates.

When bail is set, you can post the full amount, use a bail bondsman to cover a percentage (usually around 10%) or request to be released on your own recognizance (without paying bail). If you don’t appear in court, you’ll risk forfeiting the bail amount and likely face additional charges.

Why might bail be set too high?

Maryland courts determine a bail amount based on a variety of factors, including:

• More severe crimes often come with higher bail amounts.
• If you have prior convictions or a history of failing to appear in court, your bail may be set higher.
• If the court believes you’re a flight risk, they might impose a high bail amount.
• Strong connections to your community, like family, employment, or housing, can work in your favor, while a lack of community ties might result in a higher bail amount.
• If releasing you is seen as a threat to the community of others, the court might set bail at a level designed to keep you in custody.

Sometimes, judges set bail at a simply impossible amount, leaving you feeling stuck. The good news is that you can take steps to request a reduction.

Can I request a bail reduction in Maryland?

You can, but it’s not automatic. Your criminal defense attorney needs to file a motion with the court asking for your bail to be reviewed and potentially lowered. This process is called a bail review hearing.

How does a bail review hearing work?

The bail review hearing is your and your lawyer’s opportunity to argue why bail was set too high and should be reduced. Here in Maryland, if you’re held without bail or it’s set at an amount you can’t afford, you’re entitled to a bail review hearing typically within 24 hours of your initial appearance. At the hearing, the judge will review the circumstances of your case, including:

• Your financial situation – demonstrating that the bail amount is beyond your capabilities can be a compelling argument for reduction.
• Less severe offenses may lead to a judge lowering the bail amount.
• Showing that you have strong community ties – like a stable job, family responsibilities, or community involvement – can help convince the judge that you’re not a flight risk.
• Our attorneys can also highlight your clean criminal record in an effort to lower the bail amount.

How can a lawyer help reduce my bail?

Having an experienced criminal defense attorney in your corner during the bail review hearing can make a significant difference in the outcome. Here’s how:

• We can gather evidence, such as proof of income, employment, or community ties, to strengthen your case for a lower bail.
• We can argue that the circumstances of the alleged crime don’t justify the high bail amount.
• If the prosecutor argues that you’re a flight risk or a danger to the community, we will push back with facts and counterarguments.

Are there alternatives to bail?

In some cases, you might not need to pay bail at all. Maryland courts do offer alternatives, like:

• Release on recognizance. In this case, you’re released without paying bail based on your promise to return to court. This option is more likely for non-violent offenses and if you have a strong record of appearing in court.
• Supervised release. You’re released, but you must comply with conditions like regular check-ins with a pretrial officer or participation in a drug treatment program.
• Conditional release. The court might impose certain conditions on you, like staying away from certain individuals, maintaining employment, or surrendering your passport.

If they’re appropriate for your case, our attorneys can advocate for these options.

What factors influence a judge’s decision to reduce bail?

Every case is unique; however, judges often consider the following factors when deciding whether they should reduce bail:

• Judges don’t want to punish you for not being able to afford bail. If your current bail amount is clearly beyond your means, they may reduce it.
• Your family and community ties, which a judge may see as reducing the likelihood of you fleeing town.
• A clean criminal record or a history of appearing in court can work in your favor.
• Lower-level offenses, like misdemeanors, are more likely to result in reduced bail as opposed to violent felonies.

What happens if my bail reduction request is denied?

If the judge denies your request for a bail reduction, don’t lose hope. You may have other options, including:

• In some cases, our attorneys can appeal to a higher court to review your bail amount.
• If the amount isn’t reduced, a bail bondsman may be able to help you pay a portion of the bail (usually around 10%) to secure your release.
• While not ideal, you can prepare for your case while in custody. We can work to expedite your case and work to protect your rights while you’re detained.

The sooner you take action to reduce your or your loved one’s bail amount, the better your chances of being released. Delays can mean more time in custody, which can significantly disrupt your life and overall well-being.

What are some common misconceptions about bail?

Let’s clear up a few myths about bail. First, “Bail is punishment for the crime.” This isn’t true. Bail is meant to ensure you show up at all court-appointed hearings – it’s not a penalty for the charges you’re facing. Or, “If I can’t afford bail, I’ll have to remain in jail until trial.” While it might feel that way, options like bail reduction hearings or alternative release programs can help. Or “The amount of bail is set in stone.” This isn’t true, either. Judges have the discretion to lower bail, especially when our attorneys can demonstrate that it was set too high.

The experienced criminal defense attorneys at Carey Law Office have helped many clients secure lower bail or alternative release arrangements. If you’re struggling with paying bail or need guidance on your legal options, don’t hesitate to reach out to us. If you would like to schedule a consultation with a criminal defense lawyer, please call our offices or fill out our contact form. We serve clients in and around Bowie and Crofton.