Bail Bond Agents Use Of Force In Maryland

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US-00006DR
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Agencies send teams to arrest individuals and return them to court or jail. However, California limits bail bond arrest powers. For instance, bail agents cannot use excessive force to arrest you. Bounty hunters must apply “reasonable force” instead, which means it should be proportionate.

MD Rule 4-217. The clerk shall promptly notify any surety on the defendant's bond, and the State's Attorney, of the forfeiture of the bond and the issuance of the warrant. Cross reference: . Proposed Rule 4- 217(i)(1) Add requirement as to notice to Maryland Insurance Commissioner.

(1) The date for trial in the circuit court shall be set within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court pursuant to Rule 4-213, and shall be not later than 180 days after the earlier of those events.

When a charging document is filed in the District Court for the offense for which the defendant is already in custody a warrant or summons need not issue. A copy of the charging document shall be served on the defendant promptly after it is filed, and a return shall be made as for a warrant.

While bail enforcement agents are authorized to carry firearms and make arrests, they do not have the same authority as police officers. They do not have the power to investigate crimes, enforce traffic laws, or carry out other law enforcement duties.

Section 4-347 of the Maryland Revised Statutes provides for sentencing and revocation of probation for the commission of new crimes. These are often called “Rule 4 violations.” There is no discretion in these cases.

The penalty for failure to appear is a misdemeanor offense, and under Section 5-212(c), is punishable by 90 days incarceration and a fine not to exceed $500.00 making it important that a Maryland failure to appear attorney is consulted.

More info

A task force to review the laws, practices and procedures governing bondsmen and bail bonds, and make recommendations for improvement. Judiciary personnel involved in the bail bond process. 7.Accurate, complete, and current data such as the net equity available on collateral and. 8. Explore the roles of bounty hunters and bail bond agents, their responsibilities, and how they differ in the criminal justice system. Bail agents can do many things law enforcement cannot. An applicant must meet the following minimum requirements to obtain a bail bond agent license: (1) Be at least eighteen years of age. 7th Judicial Circuit. Read Form 4-217.2 - Bail Bond, Md. Crim. Causes. , Form 4-217.2, see flags on bad law, and search Casetext's comprehensive legal database. This state-approved 2-day bail bonding class will provide you with the educational requirement to obtain your bail agent license.

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Bail Bond Agents Use Of Force In Maryland