If you or someone you love has been arrested in Maryland, one of the first and most important steps in the criminal process is the bond hearing. This is where a judge or commissioner decides whether you will be released from custody while your case is pending and, if so, under what conditions.
Understanding what happens at a bond hearing in Maryland can help you prepare and improve your chances of being released. At SoMD Criminal Defense, we have appeared at bond hearings across Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Here is what you need to know.
When Does a Bond Hearing Take Place in Maryland?
After you are arrested in Maryland, you will first see a District Court commissioner, typically within 24 hours. The commissioner will review the charges, consider the evidence, and make an initial determination about bail. If the commissioner sets bail that you cannot post, or if bail is denied entirely, you have the right to request a bond review hearing before a District Court judge.
This hearing is usually held within one to two days of the initial bail determination. In some cases, particularly those involving serious felonies like homicide charges, the hearing may be held sooner due to the severity of the charges.
What Factors Does the Judge Consider at a Bond Hearing?
At the bond hearing, the judge will consider several factors in deciding whether to release you and what conditions to impose. These factors include the nature and seriousness of the charges, your criminal history, your ties to the community including employment, family, and length of residence, whether you pose a flight risk, whether you pose a danger to the community or to any specific individual, and your ability to pay bail.
Maryland law favors pretrial release. The Maryland Rules require that a defendant be released on the least restrictive conditions that will ensure their appearance in court and protect public safety. Your attorney can present evidence and arguments supporting your release.
Types of Pretrial Release in Maryland
There are several types of pretrial release that a judge may order at a bond hearing.
Release on personal recognizance means you are released on your promise to appear at all future court dates without having to post any money.
Unsecured bond means you sign a bond for a specific amount but do not have to pay it unless you fail to appear.
Secured bond requires you to post a specific amount of money or property before you are released. You may use a bail bondsman, who typically charges 10 to 15 percent of the bond amount as a non-refundable fee.
Conditional release may include requirements such as GPS monitoring, drug testing, no-contact orders, curfews, or other conditions designed to ensure public safety and your appearance in court.
If someone you care about is being held in custody in Southern Maryland, time is critical. Contact SoMD Criminal Defense at (301) 818-0389 to discuss a bond review hearing. We can appear in court quickly to fight for release.
How a Defense Attorney Can Help at a Bond Hearing
Having an experienced defense attorney at your bond hearing can make a significant difference in the outcome. Your attorney can present evidence of your community ties, employment, and family responsibilities. They can argue for the least restrictive release conditions and challenge the State’s claims about danger or flight risk.
In our years of practice in Southern Maryland courts, we have successfully argued for the release of clients charged with everything from misdemeanors to serious felonies. As former prosecutors, we understand what judges look for and how to frame the argument for release effectively.
Need Help with a Bond Hearing in Southern Maryland?
The attorneys at SoMD Criminal Defense are available to appear at bond hearings in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Call us today at (301) 818-0389 or contact us online to schedule your free consultation.
This article provides general information about bond hearings in Maryland and is not legal advice. Contact an attorney for advice specific to your situation.
FAQ: Bond Hearings in Maryland
How long after arrest is a bond hearing in Maryland?
You will typically see a commissioner within 24 hours of arrest for an initial bail determination. If bail is denied or set too high, you can request a bond review hearing before a judge, which is usually held within one to two business days.
Can bail be denied in Maryland?
Yes, bail can be denied in Maryland, particularly for charges carrying a potential life sentence or when the judge determines that no conditions of release can ensure public safety or the defendant’s appearance. An experienced defense attorney can argue against denial and present alternatives that address the court’s concerns.
What if I cannot afford bail in Maryland?
If you cannot afford bail, your attorney can request a bond review hearing and argue for reduced bail or release on personal recognizance. You may also use a bail bondsman, who charges a percentage of the bail amount. Maryland law requires that bail not be set higher than necessary to ensure your appearance in court.
Preparing for Your Bond Hearing
Effective preparation for a bond hearing can make the difference between walking out of court and remaining in custody. Your defense attorney should gather evidence of your ties to the community, including employment verification, family connections, length of residence, and involvement in community organizations. Character reference letters from employers, family members, clergy, or community leaders can demonstrate that you are a responsible individual who is likely to comply with release conditions.
If substance abuse was a factor in the offense, enrolling in a treatment program before the hearing shows the court that you are taking the matter seriously. If the charges involve domestic violence, demonstrating that you have alternative housing and will comply with no-contact orders can address the court’s safety concerns. The more prepared your attorney is at the bond hearing, the better your chances of securing favorable release conditions.
Frequently Asked Questions
How quickly can I get a bond hearing in Maryland?
After your initial appearance before a commissioner, you have the right to a bail review hearing before a District Court judge. This hearing should occur within one to two days of your request. If you are held without bail, your attorney can file an emergency motion for expedited review.
Can I get bail for a violent felony in Maryland?
Bail is possible for most offenses, including violent felonies, but judges are more cautious about releasing defendants charged with serious violent crimes. The judge will closely evaluate whether you pose a danger to the community and whether conditions of release can adequately address that risk. Having an experienced defense attorney advocate at your hearing is critical in these situations.
What happens if I cannot afford the bail amount?
If you cannot afford bail, your attorney can request a bail review and argue for a reduction based on your financial circumstances. You may also use a bail bondsman, who charges a non-refundable premium (typically 10%) to post the full bail amount on your behalf. Maryland courts are required to consider your ability to pay when setting bail.
