Bail Definition Under Law In Maryland
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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.
(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.
(1) On Defendant's Failure to Appear--Issuance of Warrant. If a defendant fails to appear as required, the court shall order forfeiture of the bail bond and issuance of a warrant for the defendant's arrest and may set a new bond in the action.
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.
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.
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.
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.
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.
