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Home > How to Post Bail in Maryland: 5 Things to Know

How to Post Bail in Maryland: 5 Things to Know

If you are arrested in Maryland, the Judicial Commissioner becomes a very important person for you. All defendants have initial appearances before the commissioner, who is not a judge and does not have to be a lawyer in order to be appointed to the position. The commissioner explains the charge and the potential penalties and also determines if the defendant should be released on bail. The preference in Maryland is for defendants to be released on their own recognizance unless there is a safety issue or concern the defendant won’t show up in court. Here are 5 things to know if you need to post bail in Maryland.

 

  1. 4 Ways to Get Out of Jail


Personal Recognizance – A PR release is the best possible outcome for a defendant because no bail is set and no money has to be paid. Commissioners will choose this option for defendants who have not committed a violent crime and have little or no criminal history. The defendant must also have a connection to the community.

Cash bond – Cash bonds are used when the bail has been set at $2,500 or less. The defendant can be released from jail by posting 10 percent of the bond in cash. Assistance can come from a co-signer – any adult at least 18 years of age. While the defendant only must pay 10 percent of the cash bond total, the entire amount will be due if the defendant doesn’t show up for all scheduled court hearings. Cash bond is mainly used for misdemeanors, which have lower bail amounts.

Property bond – The defendant must provide paperwork showing the owner or owners of the property and each owner must present an affidavit agreeing to put up the property for bail. The equity value of the property must at least equal the amount of bail. The court receives title to the property and records its interest in the property in court.

Commercial surety bond – For defendants who cannot afford a cash bond and do not have property to post for a property bond, a commercial bond involves a bail bond agent. The agent enters into a contractual relationship with the defendant. For a premium of 10 percent of the bail, the bail bond agent agrees to guarantee the entire amount of the bail to the court. In order to pay the 10 percent premium when bail is very expensive, the defendant or an indemnitor can turn over collateral to the bail bond company. 

  1. How to Get Bail


A defendant must first be booked in jail, a process that can take a couple of hours, depending on the facility. Once a judicial commissioner sets the bail, the defendant can post the amount in cash, ask for the help of a co-signer, or contact a bail bond company. The whole process can be initiated by phone from jail or with the help of a co-signer.

  1. What Will Bail Cost


That depends on what type of bail was used by the defendant. There is no cost when a defendant is released on his or her personal recognizance. With a cash bond, the defendant or a co-signer must pay 10 percent of the bail amount, which cannot be above $2,500. If the bail is higher, the defendant can post property that is at least equal in value to the bail. The defendant risks turning over the property to the court if he or she doesn’t show up to all scheduled court hearings. With commercial surety, the cost is 10 percent of the bail, a premium paid to the bail bond agent that is non-refundable. 

  1. How Long Will I Stay in Jail


In general, judicial commissioners hold initial hearings to see defendants within hours of their arrest. If you are arrested late at night or on the weekend, the wait could be until the next day. Posting bail can take only a couple of hours, but if the charge is serious, the judicial commissioner cannot set bail and it can be another day before a hearing before a judge. 

  1. What if I Miss a Court Appearance


Missing a court appearance violates the bail agreement with the state. The court will seize all cash bonds and will seek to get the rest of the money from the defendant or co-signer. If you posted a commercial surety bond, the court will collect the entire amount of that bail from the bail bond agent. The company, in the meantime, will try to collect the other 90 percent of the bond from the defendant or co-signer. The bail bond company may use a bail recovery agent to find the defendant. If the defendant returns to court, the judge may return the forfeited bail money. On the criminal side, the judge will issue an arrest warrant for the defendant for the original offense and for failure to appear in court.

This article is for informational purposes only. If you need legal advice you should visit an attorney.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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How to Post Bail in Maryland: 5 Things to Know

If you are arrested in Maryland, the Judicial Commissioner becomes a very important person for you. All defendants have initial appearances before the commissioner, who is not a judge and does not...more

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