Bail Forfeiture Before Hearing In Maryland
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FAQ
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.
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.
MD Rule 4-212. (f) (1) When a defendant is arrested without a warrant, the defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than 24 hours after arrest.
(i) Forfeiture of Bond (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.
Unless the warrant and charging document are served at the time of the arrest, the officer shall inform the defendant of the nature of the offense charged and of the fact that a warrant has been issued. A copy of the warrant and charging document shall be served on the defendant promptly after the arrest.
Please also note that Rule 4-214 allows an appearance to be entered in criminal cases in one of two ways---by filing a written entry of appearance or by filing a motion in the case. If a separate entry of appearance is required, it should be filed as a separate submission using the entry of appearance code.
The legal implications of bail bond forfeiture can be severe. Beyond the financial loss, the defendant may face additional charges for failing to appear in court, complicating their legal situation.
In California, if you are a co-signer and you wish to revoke a bail bond, you will need to contact the bail bond agency and explain the situation. You will need to liaise with the bail bond company and ensure that the relevant courts are aware of the changes to make the decision official.
In some states and certain counties in California, bail forfeiture can be used as both a means to be released from jail and to close a case. Bail forfeitable offenses are typically misdemeanors such as traffic violations.
Bail bonds and personal bonds are forfeited in the following manner: The name of the defendant shall be called distinctly at the courthouse door, and if the defendant does not appear within a reasonable time after such call is made, judgment shall be entered that the State of Texas recover of the defendant the amount ...
