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Home » US Law » 2022 Maryland Statutes » Criminal Procedure » Title 5 - Release » Subtitle 2 - Pretrial Release

Section 5-201 – Conditions of Pretrial Release

    (a)    (1)    The court or a District Court commissioner shall consider including, as a condition of pretrial release for a defendant, reasonable protections for the safety of the alleged victim.         (2)    If a victim has requested reasonable protections for safety, the court or a District Court commissioner shall consider including, as a condition of pretrial release, provisions regarding […]

Section 5-202 – Restrictions on Pretrial Release

    (a)    A District Court commissioner may not authorize pretrial release for a defendant charged with escaping from a correctional facility or any other place of confinement in the State.     (b)    (1)    A District Court commissioner may not authorize the pretrial release of a defendant charged as a drug kingpin under § 5–613 of the Criminal Law Article.         (2)    A […]

Section 5-203 – Bail Bonds in Circuit Courts

    (a)    (1)    Subject to paragraphs (2) and (3) of this subsection, a circuit court may adopt rules setting the terms and conditions of bail bonds filed in that court and rules on the qualifications of and fees charged by bail bondsmen.         (2)    Notwithstanding any other law or rule to the contrary, if expressly authorized by the court, a […]

Section 5-204 – Bail After Adjournment or During Recess of Circuit Court

    (a)    In a criminal case in a circuit court in which the defendant is allowed to give bail, the clerk of the court may take the bail if:         (1)    the court adjourns before the defendant has secured the bail; and         (2)    the court before adjournment, or any judge of the court after adjournment, issues an order that sets […]

Section 5-205 – Bail in District Court

    (a)    A District Court judge may:         (1)    set bond or bail;         (2)    release a defendant on personal recognizance or on a personal or other bail bond;         (3)    commit a defendant to a correctional facility in default of a bail bond;         (4)    order a bail bond forfeited if the defendant fails to meet the conditions of the bond; and         (5)    exercise all […]

Section 5-207 – Termination of Bond on Sentencing

    (a)    If a defendant is found guilty in a circuit court and sentenced to imprisonment, a bond on which the defendant was released before the sentencing is terminated.     (b)    If the defendant files a notice of appeal and the sentencing court requires a bond to be posted, the defendant shall post a new bond.

Section 5-208 – Striking Out Forfeiture of Bail or Collateral; Production of Defendant

    (a)    In this section, “return” means to place in the custody of a police officer, sheriff, or other commissioned law enforcement officer who is authorized to make arrests within the jurisdiction of the court.     (b)    (1)    Subject to paragraph (2) of this subsection, a court that exercises criminal jurisdiction shall strike out a forfeiture of bail or collateral […]

Section 5-209 – Property Bondsmen

    (a)    In this section, “property bondsman” means a person other than a defendant who executes a bail bond secured by real estate in the State.     (b)    This section does not apply in the seventh judicial circuit.     (c)    A property bondsman may authorize an agent in writing to execute on behalf of the property bondsman:         (1)    a bail bond; and […]

Section 5-210 – Soliciting Business

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Agent” means a person that acts or is authorized to act as the representative of a bail bondsman.         (3)    (i)    “Bail bondsman” means a licensed limited surety agent or a licensed professional bail bondsman.             (ii)    “Bail bondsman” does not include a person that contracts with a public agency […]

Section 5-211 – Failure to Surrender After Forfeiture of Bail or Recognizance

    (a)    If a person has been charged with a crime and admitted to bail or released on recognizance and the person forfeits the bail or recognizance and willfully fails to surrender, a bench warrant shall be issued for the person’s arrest.     (b)    (1)    On issuing a bench warrant under subsection (a) of this section, a judge may also […]

Section 5-212 – Failure to Appear in Response to Citation

    (a)    This section does not apply to a citation:         (1)    for a violation of a parking ordinance or regulation adopted under Title 26, Subtitle 3 of the Transportation Article;         (2)    adopted by the Chief Judge of the District Court under § 1–605(d) of the Courts Article, for use in traffic offenses; or         (3)    issued by a Natural Resources police […]

Section 5-213 – Violation of Conditions of Pretrial Release

    (a)    A court may issue a bench warrant for the arrest of a defendant who violates a condition of pretrial release.     (b)    After a defendant is presented before a court, the court may:         (1)    revoke the defendant’s pretrial release; or         (2)    continue the defendant’s pretrial release with or without conditions.

Section 5-213.1 – Violation of Conditions of Pretrial Release — Sexual Crimes

    (a)    A person may not violate a condition of pretrial or posttrial release prohibiting the person from contacting, harassing, or abusing an alleged victim or going in or near an alleged victim’s residence or place of employment if the person is charged with committing:         (1)    a violation of Title 3, Subtitle 3 of the Criminal Law Article […]

Section 5-214 – Posting Bond Without Appearance of Defendant

    Notwithstanding Maryland Rule 4–217(g), after a defendant has appeared in person before the commissioner or judge in a case, the defendant may post bond by means of electronic transmission or hand delivery of the relevant documentation without appearing before the commissioner or judge, if authorized by:         (1)    in the circuit court, the County Administrative Judge; and […]