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Bail Hearings
Maryland Bail Questions
We will provide the skilled representation you must have to obtain the release of your loved one.
Here is how bail works?
Whenever a person is arrested for a crime, generally that person will be brought to a nearby law enforcement station for booking, prior to incarceration in a station lock up or county jail. After arrested and booked, the defendant has a number of possibilities for release, awaiting the result of his or her court case. Bail is created to confirm the appearance of the accused in court at the time the judge directs.
Just what are the release options if someone is arrested?
There are five basic release options available. The five options are:
Cash Bail - Cash bail requires a person will have to give the court the full total of the bail in cash. The cash will be held by the court until the accused shows up to all of his/her court cases and the case is concluded. Full cash bonds present a highly effective motivation for the defendant to appear in court. If the defendant shows up for all of their planned court appearances, the cash bail should be returned in full.
Surety Bond - One alternative to cash bail is a surety bond. This approach consists of a contractual undertaking guaranteed by means of an admitted insurance company having adequate funds to fulfill the amount of the bond.
Typically the bail agent assures to the court they will pay out the bond forfeiture in case a defendant fails to show up for their particular scheduled court appearances. The bail agent’s guarantee is formed by means of a surety company and even/or by means of pledging other property held by the bail agent. For this assistance, the defendant is charged a premium (normally percent of the bail amount in Maryland). For instance, when the actual bail amount in $10,000.00, the premium incurred is $1,000.00. Prior to the posting of the surety bond, the defendant, friend or relative will need to contact a licensed bail agent. When a bail agent is contacted, an appointment will be quickly scheduled. As a result of involving the family and good friends of a defendant, as well as through the acceptance of collateral, the bail agent will be reasonably certain that the defendant released on a surety bond will show up to all of his/her court dates. After this procedure is carried out, the bail agent will place a bond for the full bail amount, financially guaranteeing the defendant’s return to court as scheduled. With cash on the line, the bail agent has a monetary interest in supervising defendants, and making sure they show up in court each end every time the court orders them to appear. If the defendant does not appear in court, the bail agent has time and the financial incentive to search for the defendant and deliver them to court.
Property Bond - In a number of cases an defendant could quite possibly be released by submitting a property bond with the court. By utilizing a property bond, the court documents a lien on the property to guarantee the bail amount. If the defendant fails to show up in court as planned, the court may foreclose on the property to receive the forfeited bail amount.
Release on Personal (Own) Recognizance (P.R.) - One more way of release, pending court date, is through a county or law enforcement administered pre-trial release program. Usually, the employees of these programs meet defendants in custody and come up with suggestions to the court with regards to the release of these individuals on their own recognizance (i.e., devoid of any monetary guarantee to insure the defendant’s returning). The interview process is frequently carried out over the phone, commonly with little inquiry into the defendant’s background. The interview procedure tries to figure out whether the detainee is likely to show up in court. Generally there is typically no verification of information provided by the defendant. Since no money, asset or bond is issued to secure the defendant’s attendance in court, he/she encounters no individual economical difficulty as a result of the conscious decision not to show up in court.
Release on Citation (Cite Out) - This particular process consists of the issuance of a citation by the arresting officer to the arrestee, informing the arrestee that he/she must appear in court at an appointed court date. Typically the “Cite Out” in most cases occurs immediately after an person is arrested. As a consequence of the failure to follow complete booking procedures, the actual accurate identity and background of most individuals released on citation is never established. This ends up with the release of many arrestees who could have unresolved bench warrants pending or who may present a significant threat to the public. Accordingly, in these instances using “Cite Outs”, the arrestee could possibly not ever be put in custody. Similar to the Own Recognizance (O.R.) release, the defendant’s appearance in court depends solely on the integrity of the defendant voluntarily going back to court as ordered by the court.
Precisely how fast might he/she be released from jail?
Bail hearings usually are held inside of several hours of an arrest. At the hearing, a judge is going to determine if the accused will be a flight risk or a danger to the community if they are released. If not, the judge will decide the amount of money needed to post bond. A bail hearing is required if the defendant can't pay for the amount of bond which is required.
What Collateral is actually needed to make bail?
Traditionally, a family member or perhaps a close friend of the accused may post bail and cosign. Collateral is actually not at all times mandatory for a person. Sometimes a individual may be bailed from jail on the signature of a friend or family member. Cosigners ordinarily have to be working and either own or rent a residence in the very same vicinity for a certain amount of time.
What is collateral?
Collateral is something of value put in place to financially protect a bail bond. Examples include things like houses, cars, boats, jewelry, and electronic equipment (i.e., things of financial value).
When you need to have us regarding a Bail Hearing, you should call our office or fill out our totally free case evaluation form.
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