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Published on 9/5/2024, 2:23:00 PM

What Happens at a Bail Hearing in Maryland?

If you or a loved one has been arrested in Maryland, the first thing on your mind might be securing release from jail. This is where the bail hearing comes in. A bail hearing is a critical stage in the criminal process, as it determines whether the defendant can be released while awaiting trial and under what conditions. Here's what you need to know about bail hearings in Maryland.

What Is a Bail Hearing?

A bail hearing occurs shortly after an arrest and allows a judge to decide whether the defendant can be released from jail before their trial. The judge will set a bail amount, which is essentially a financial guarantee that the defendant will appear in court. If the defendant can post the bail amount, they may be released. If not, they remain in custody until their court date.

In Maryland, bail hearings typically take place within 24 hours of the arrest, or at the next avaiable Court date if the arrest is made on a weekend. At the hearing, both the defense and prosecution present their arguments for why the defendant should or should not be released on bail.

Factors the Judge Considers

When determining whether to grant bail and the amount to set, the judge considers several factors:

  1. Severity of the Crime: Serious offenses like violent crimes or drug distribution may lead to higher bail amounts or no bail at all.
  2. Criminal Record: A defendant with a prior criminal record, especially for similar offenses, is less likely to be granted bail.
  3. Flight Risk: The judge will assess whether the defendant is likely to flee and not appear for their court dates.
  4. Community Ties: Defendants with strong ties to the community, such as a stable job or family, are more likely to receive bail.
  5. Danger to Public Safety: If the defendant poses a threat to the public, the judge may deny bail or set strict conditions.

Ultimately only dangerousness and appearances are the true legal considerations at a bail hearing.

Types of Bail in Maryland

There are several ways a defendant can secure release after a bail hearing:

  • Cash Bail: The defendant pays the full bail amount in cash.
  • Bail Bond: A defendant can work with a bail bondsman to post bail. Typically, the defendant pays 10% of the bail amount to the bondsman, who guarantees the rest.
  • Personal Recognizance: In some cases, the judge may release the defendant without requiring bail. This means the defendant simply signs an agreement to return for their court date.
  • Unsecured Bail: The defendant doesn't need to pay anything upfront but will owe the court if they fail to appear at their scheduled hearings.
  • Pretrial Release: The Defendant works with the counties' pretrial release program and may need to submit to GPS monitoring, drug testing, and regular check-ins.

To understand more about the bail review process in Maryland, visit our Bail Review page for further details.

How a Lawyer Can Help at a Bail Hearing

A skilled defense attorney plays a crucial role during a bail hearing. Your attorney can present arguments for why you should be released on bail, highlighting factors such as your community ties, lack of criminal history, or the non-violent nature of your charges. The goal is to convince the judge that you are not a flight risk and that you can be safely released into the community.

Having a lawyer also increases your chances of securing a lower bail amount or even personal recognizance, which means you could avoid paying bail altogether. Without proper representation, you risk remaining in jail until your trial date, which could be weeks or even months away.

What Happens If Bail Is Denied?

If the judge denies bail, the defendant will remain in custody until the trial. However, this decision can often be appealed. Your attorney can file a request for a second bail hearing or a bail review hearing, where new evidence or arguments may be presented to request a reconsideration of the bail decision.

In some cases, judges may impose additional conditions instead of outright denying bail. For example, they might require house arrest, electronic monitoring, or regular check-ins with law enforcement to ensure the defendant's compliance.

For more information about how we can assist you with your bail hearing, visit our About Us page to learn more about our experienced legal team.

Final Thoughts

A bail hearing is a pivotal moment in your legal case, and having a strong defense strategy is essential. The right attorney can help reduce your bail amount or get you released on your own recognizance. If you or a loved one is facing a bail hearing in Maryland, contact FrizWoods LLC for expert legal representation to protect your rights and increase your chances of a favorable outcome.

Visit our DUI Guide for more insights on the criminal defense process, or check out our Bail Review blog post for a deeper dive into the Maryland bail process.