Maryland Bail Bond Agreement

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State:
Multi-State
Control #:
US-00006DR
Format:
Word; 
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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

Held Without Bond You may be held without bond. This means you will be held in the Detention Center pending your trial day and you may not be released since a bond has not been set. If held pending trial, your lawyer can file a Writ of Habeas Corpus.

If you appear for trial or the charges are disposed of before trial, the amount posted will be refunded. If you do not appear, all cash posted will be forfeited and the full amount of bail becomes due.

Any clerk, District Court commissioner, or other person authorized by law may take a bail bond. The person who takes a bail bond shall deliver it to the court in which the charges are pending, together with all money or other collateral security deposited or pledged and all documents pertaining to the bail bond.

If a person cannot pay the set bond, he or she may be able to hire a bail bondsman to post the full amount. This usually requires the person who wants to post the bond, to pay the bondsman a fee (usually 5% to 10%) of the bond amount. This fee is not refunded when the case is over ? unlike payments made to the court.

You may post bail for yourself, have someone over 18 years old post it on your behalf or use a bondsman. Whoever posts bail for you assumes full responsibility for your appearance in court. If you fail to appear as required, a warrant will be issued for your immediate arrest and the bail will be forfeited.

The judge or commissioner will determine the amount of bail based on factors such as the seriousness of the offense, the suspect's ability to pay, previous criminal history, and a suspect's ties to the community. A judge may also consider non-financial conditions of release.

A bail bondsman charges a non refundable fee to post bail. In addition to the fee, the bondsman may require collateral security or property to secure your release. Collateral will be returned to the person who posted it after disposition of the charges.

Take the required documents to a clerk at the court location where the case is pending. Bail may be charged on certain credit and debit cards. Although a commissioner or clerk accepts the card, an independent company processes the charge. The charge includes the amount of the bail and a service fee.

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Maryland Bail Bond Agreement