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. These are conditions the judge may place on a defendant pending trial.
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 YOU WILL BE 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.
#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. 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 and online sex crime or possession/distribution 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.