Maryland Motion to Release Defendant and Set Reasonable Bond

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US-02735BG
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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 bond 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.

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FAQ

MD Rule 4-217. (1) ?Bail bond? means a written obligation of a defendant, with or without a surety or collateral security, conditioned on the appearance of the defendant as required and providing for the payment of a penalty sum ing to its terms. (2) ?Bail bondsman? means an authorized agent of a surety insurer.

Rule 4-214 - Defense Counsel (a) Appearance. Counsel retained or appointed to represent a defendant shall enter an appearance within five days after accepting employment, after appointment, or after the filing of the charging document in court, whichever occurs later.

Committee note: If a defendant was arrested without a warrant and the judicial officer finds no probable cause for any of the charges or for the arrest, Rule 4-216(a) requires that the defendant be released on personal recognizance, with no conditions imposed.

Rule 4-213 - Initial Appearance of Defendant (a) In District Court Following Arrest. When a defendant appears before a judicial officer of the District Court pursuant to an arrest, the judicial officer shall proceed as follows: (1)Appointment, Appearance, or Waiver of Attorney for Initial Appearance.

After a charging document has been filed, the court, on motion of any party or its own initiative and after notice and opportunity for hearing, may revoke an order of pretrial release or amend it to impose additional or different conditions of release.

Rule 4-213 - Initial Appearance of Defendant (a) In District Court Following Arrest. When a defendant appears before a judicial officer of the District Court pursuant to an arrest, the judicial officer shall proceed as follows: (1)Appointment, Appearance, or Waiver of Attorney for Initial Appearance.

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.

Rule 4-271 require criminal cases to be brought to trial within 180 days of the earlier of the entry of appearance of counsel or the first appearance of the defendant before the Circuit Court. The purpose of the rule is to avoid delays in scheduling cases and to eliminate unjustifiable postponements.

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Maryland Motion to Release Defendant and Set Reasonable Bond