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 second deed of trust or mortgage on one's house.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.
Maryland Motion to Release Defendant and Set Reasonable Bail is a legal document filed by the defense attorney requesting the release of the defendant from custody and the determination of a reasonable amount of bail. This motion is typically filed before or during a criminal trial, aiming to secure the defendant's release from jail pending trial. In Maryland, there are various types of motions related to the release of a defendant and setting reasonable bail. Some of these motions include: 1. Pretrial Release Motion: This motion is filed by the defense attorney asking the court to release the defendant from custody while awaiting trial. The motion argues that the defendant does not pose a flight risk or a danger to the community, therefore justifying their release on bail. 2. Motion for Reduction of Bail: If the initial bail amount set by the court is deemed too high by the defense, a motion for reduction of bail can be filed. The defense attorney presents arguments to persuade the court to lower the amount required for release, taking into account the defendant's financial means and the nature of the charges. 3. Motion for Release on Recognizance: This motion seeks the defendant's release without the need to pay bail. It is typically filed when the defense can demonstrate that the defendant is not a danger to society, has strong community ties, and is likely to appear for future court proceedings. 4. Motion to Amend Conditions of Release: If the defense seeks modification of the conditions under which the defendant was released, such as a change in location, travel restrictions, or participation in a treatment program, a motion to amend conditions of release may be filed. These motions are accompanied by supporting documents, affidavits, and legal arguments that aim to convince the court of the defendant's eligibility for release and the establishment of a reasonable bail amount. The defense may present evidence of the defendant's ties to the community, employment history, family support, or any mitigating factors that argue for their release. It is critical for defense attorneys to thoroughly understand Maryland's laws and precedents related to bail and release criteria in order to effectively draft and argue a motion. Strong legal research and persuasive presentation of evidence and arguments are key to increase the likelihood of the defendant's release on reasonable bail.
