If you’re arrested in Maryland it is likely that you may appear for a bail review if a commissioner denies you bail. After arrest, you are taken before a commissioner. The commissioner will determine if you should be released or if you should be held until a bail review within 24 hours.
Bail reviews are conducted in front of a judge and usually happen the day after your arrest. Bail reviews are generally held in the District Courts throughout Maryland. There are 12 possible things/conditions that can happen at a bail review hearing. Baltimore bail hearing lawyer Randolph Rice discusses conditions the judge may place on a defendant pending trial in Maryland.
Factors Considered When Determining Bail in Maryland
What can happen at a bail review in Maryland? There are two factors the Courts consider when determining bail for a defendant:
- Risk to Society, facts of the case and the risk to the public if the defendant is released; and
- Flight risk, will the person that is pending charged return to Court?
What Can a Judge Do at a Bail Review in Maryland
A Judge can make a number of decisions at a bail review in Maryland, including:
- The Judge can keep the bail at the same level that was set by the commissioner when the defendant was originally seen.
- The Judge can reduce the bail to a lower amount of money.
- The Judge can keep the bail at the same amount and set a percentage that may be paid to be released. For an example, the Judge can set a bail at $100,000.00 but set it at 10% is acceptable, and this the Defendant can post $10,000.00 and will be released pending trial. If the defendant appears in Court, then that amount would be returned to the Defendant after the trial.
- The Judge can increase the bail, making it higher than what was originally set.
- The Judge can reinstate an original bail. This happens when a person fails to appear, but then shows for another hearing or a motion is filed, then the Judge can reinstate the original bail. This also is helpful if the defendant has already posted a bail, then they can be released on that prior posting.
- The Judge can release the person on their own recognizance, this means let the defendant out without posting a bail. The Judge may impose some pretrial conditions, such as no contact with a witness or victim or stay away from a specific location or address.
- The Judge can release a Defendant in the supervision of a specific person or facility. This may happen of the Defendant is in a recovery home or facility, the Judge can release that facility and that facility will notify the Judge if the Defendant stays in that location or leaves.
- The Judge can releases a defendant with specific conditions imposed, such as complete a drug treatment program or seek a psychological examination pending trial.
- The Judge can also keep the trial date as set by a commissioner or change the trial date at the bail review.
If you or a loved one has a bail review and you want to have a lawyer at the hearing, contact our Baltimore criminal defense lawyer today.
Possible Conditions for Bail in Maryland After a Hearing
Depending on your criminal history and background as well as your connections to Maryland, the judge will determine if you are eligible for one of these 12 conditions:
1. Released on Your Own Recognizance
You may be released on your own recognizance. This means that you are released without any conditions and you are allowed to return home pending your trial date. You will be required to appear for your trial date on the date and time set by the court.
Some reasons a Judge may deny the Defendant release on their recognizance is:
- Lack of family and employment ties to the jurisdiction.
- Prior failure to appear in Court or prior flight to avoid prosecution.
- The nature of the offense, weight of evidence against the defendant and possible sentence are such that sever risk of non-appearance exists.
- Other reasons, including recommendations from the State’s Attorney’s Office, pre-trial recommendations, investigations ongoing, or another factor that the defendant will not appear in Court on the next trial date.
2. Released with Pretrial Supervision
You may be released on your own recognizance with pretrial supervision by the Department of Corrections. You may be released under level 1, 2, or 3 depending on the factors at the bottom of this page that the judge will consider.
3. Released on Level 1 Supervision
You may be released on your own recognizance at a level 1 pretrial supervision. Level 1 pretrial supervision means you must check in by telephone as directed by your pretrial agent. If you are released you must check in with the agent at a time directed by the court.
4. Released on Level 2 Supervision
You may be released on your own recognizance under level to pretrial supervision. Level 2 pretrial supervision means you must report in person as directed, submit to random urinalysis as directed by your agent, adhere to all appropriate program guidelines and comply with any additional conditions of release that are determined by the court or your case manager.
5. Held on Level 3 Supervision
You may be held without bail on Level 3 supervision but placed on community electronic monitoring or home detention. If you’re approved by the jail you may be required to report in person weekly with an agent.
In addition you may be required to submit to random urinalysis and additional drug / alcohol testing as ordered. You may also be required to comply with additional conditions that are determined by the court, your case manager for pretrial or the home detention division.
6. 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. This is a civil lawsuit filed in the Circuit Court asking for a bail to be set by a Circuit Court judge.
7. No Contact with Others
You may be ordered to have no contact with the victim or victims in your case. For example, if you are alleged to have assaulted a domestic partner, the court may order that you have no contact with that individual. Or, you make me order to stay away I have no contact with other victims or witnesses in your case.
8. Stay Away Order From the Court
You may be ordered to stay away from specific locations, homes, businesses or other property. For example, if you are charged with trespassing, you may be required to stay away from the property that is alleged you trespassed on.
9. Substance Abuse Counseling Pending Trial
You may be required to complete a substance abuse program this means that you may be required to enroll in a drug or alcohol substance abuse program for DUI charges or drug charges. The court or your pretrial agent may be able to provide a list of programs or providers.
10. Mental Health Treatment Pending Trial
You may be required to enter into a mental health program. This may mean you are directed to seek counseling from a psychiatrist or psychologist or other mental health program.
11. Additional Special Conditions
The court can order any other additional special conditions they feel appropriate for your case. For example, if you are charged with an online sex crime or possession of child pornography, the court may order that you have no contact with the internet and cease all use of your computer.
12. Home Detention through a Private Vendor
You may be required to enroll in home detention through a licensed private vendor. The court will direct you when to report to the home detention provider and you must remain on home detention pending your trial date.
You may be required to pay for this home detention out of your own pocket which can cost anywhere from $300 to $500 a month.
What Will a Judge Consider When Determining Bail or Release in Maryland?
It’s important to remember if you are attending a bail review session and you are released there may be special circumstances and conditions you must comply with pending your trial day. Judges in Maryland consider a number of factors when determining the release of a defendant pending a trial date.
When a judge determines if a defendant should be released in the conditions of the release the judge will take into account the following information and factors (Maryland Rules 4-216 Pretrial Release):
- The nature and circumstances of the offense charged, the nature of the evidence against the defendant, and the potential sentence upon conviction.
- The defendant’s prior record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings.
- The defendant’s family ties, employment status in history, financial resources, reputation, character and mental condition, length of residence in the community, and length of residence in the state.
- Any recommendation of an agency that conducts pretrial release investigations, this includes the pre-trial division for the county where the individual was arrested.
- Any recommendation by the State’s Attorney’s office.
- Any information presented by the defendant or the defendant’s attorney.
- The danger of the defendant to the alleged victim, another person, or the community.
- The danger of the defendant to himself or herself.
- Any other factors bearing on the risk of a willful failure to appear and the safety of the alleged victim, another person, or the community, including all prior convictions and any prior adjudications of delinquency that occurred within three years of the date the defendant is charged as an adult.
Bail Review Lawyers in Maryland Are Here to Help
Inter if you or a loved one have been charged with a crime and are facing a bail review hearing, contact our criminal defense lawyers office today at (410) 694-7291 to discuss the bail review hearing, how we can help and answers to questions you may have.