Bail Definition In Law In Maryland

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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

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.

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.

In a criminal case, once a finding of guilt has been made, the defendant has 90 days from the date of sentencing to ask the judge to reconsider the sentence given. Under Maryland law, the judge then has 5 years from the date of the request to rule on the motion. The judge may deny the motion without a hearing.

(a) Arrest Without Warrant. If there was no probable cause for any of the charges or for the arrest, the judicial officer shall release the defendant on personal recognizance, with no other conditions of release, and the remaining sections of this Rule are inapplicable.

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.

Factors the Judge Considers Severity of the Crime: Serious offenses like violent crimes or drug distribution may lead to higher bail amounts or no bail at all. Criminal Record: A defendant with a prior criminal record, especially for similar offenses, is less likely to be granted bail.

MD Rule 4-216. If there was no probable cause, the judicial officer shall release the defendant on personal recognizance, with no other conditions of release, and the remaining sections of this Rule are inapplicable.

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Bail Definition In Law In Maryland