Held without bond in Maryland means a commissioner or a judge has ordered the defendant to stay in jail with no bail amount that can be posted. On Maryland Judiciary Case Search it often appears as “HWOB” or “Held Without Bond.” The order is not permanent. A judge can review it, usually on the next court day, and what happens at that review depends heavily on preparation.
What Held Without Bond Means
When bail is set, a defendant can be released by posting it. When a defendant is held without bond, there is nothing to post. No payment and no bail bondsman can secure release until a judge changes the order or the case ends. This is different from a bond that has been set but is too high to afford, although both leave the person in custody.
Who Decides, and When
After an arrest, the defendant must be taken before a District Court commissioner within 24 hours. The commissioner decides whether to release the defendant and on what conditions under Maryland Rule 4-216. If the commissioner orders the defendant held, a District Court judge reviews that decision at a bail review, normally on the next day court is in session. In a felony case that moves to the circuit court, release can be addressed again there.
Why Someone Is Held Without Bond
- The commissioner or judge found that no conditions were enough. The question is whether any set of conditions will reasonably ensure that the defendant returns to court and that the alleged victim and the community are safe.
- The commissioner was not allowed to release. Under Criminal Procedure § 5-202, only a judge may release certain defendants, including some facing repeat crime-of-violence or firearm charges, people charged with violating a protective order, and people required to register as sex offenders. In several of those situations the law presumes the defendant should be held unless the defense rebuts that presumption.
- A judge issued a no-bond warrant. This is common with probation violations and some bench warrants. See how to get rid of a warrant without going to jail.
- The person is wanted in another state. See our post on the fugitive from justice charge.
The Bail Review Hearing
The judge at a bail review is not bound by what the commissioner decided. The judge looks at the nature of the charge, the defendant’s prior record and history of appearing in court, family ties, employment, how long the person has lived in the area, and any danger to the alleged victim or the community. Maryland’s rules direct the court to impose the least onerous conditions that will do the job.
The hearing usually lasts a few minutes, so what the lawyer brings matters more than what the lawyer says. That means a verified address, a letter or phone number for an employer, family members in the courtroom, a plan for who the person will live with, and proposed conditions the judge can adopt. Our post on bond hearings in Maryland explains the process, and our bail hearing lawyer page explains how we prepare.
Alternatives a Judge Can Order
- Release on personal recognizance or an unsecured bond
- Pretrial supervision, with regular reporting
- Private home detention with GPS monitoring
- No-contact and stay-away orders
- A bond in a set amount
If the Judge Keeps the No-Bond Order
A denial at bail review is not the last word. Release can be raised again if circumstances change, such as a new place to live, an available treatment program, or a weakness in the State’s case that was not apparent at first. The defense can also file a petition for a writ of habeas corpus in the circuit court asking a different judge to review the detention. And when a felony case is indicted and moves to the circuit court, the question of release can be presented there.
Being held also affects the timeline of the case. On Case Search the status usually reads commitment pending hearing, alongside a commitment record issued entry.
What Families Should Do Today
- Find the case number and the bail review date on Case Search.
- Do not discuss the facts of the case on a jail phone. Calls are recorded and prosecutors listen to them.
- Collect proof of address, proof of employment, and the names of people who can come to court.
- If home detention is realistic, find out now whether there is a landline or stable address the monitoring company will accept.
- Hire a lawyer before the bail review. The first hearing is the best chance.
Frequently Asked Questions
Can you bail someone out who is held without bond?
No. There is no amount to pay. A judge has to change the order first.
How long can someone be held without bond in Maryland?
Until a judge orders release or the case ends. That is why the bail review and any later request to reconsider matter so much.
Is “held without bond” the same as “no bail”?
Yes. Courts, jails, and Case Search use held without bond, HWOB, no bond, and no bail to mean the same thing.
Talk to a Lawyer Before the Bail Review
If someone you care about is being held without bond in Prince George’s, Charles, Calvert, or St. Mary’s County, call SoMD Criminal Defense at (301) 818-0389 or contact us online. Jeremy Widder is a former prosecutor and Kathryn Batey is a former public defender, and we appear at bail reviews in every Southern Maryland court.
