If you or a loved one is facing criminal charges in Maryland, understanding the bail hearing process can be invaluable. In this article, the team at The Law Offices of McKenzie and Tehrani aims to shed light on what a Maryland bail hearing is, what it entails, and what you can expect.
What is a Bail Hearing?
A bail hearing is a legal proceeding that takes place soon after a person is arrested and charged with a crime. During the hearing, a judge or a commissioner determines whether the accused should be released from custody pending trial and, if so, under what conditions. The primary objectives are to assess the risk of flight and the potential danger to the community if the accused is released.
Steps in a Bail Hearing
Typically, the accused makes an initial appearance before a court commissioner within 24 hours of the arrest. The commissioner will inform the accused of the charges, explain the right to an attorney, and then decide on bail eligibility.
Bail Review Hearing
If the commissioner sets a bail amount that the accused cannot afford or denies bail, the next step is a bail review hearing. This hearing is usually held in front of a District Court judge and should occur within a few days after the initial appearance.
It is highly recommended to have legal representation at the bail review hearing. An attorney can present arguments and evidence to advocate for your release or for a reduced bail amount.
- Judges and commissioners consider various factors when making their decision, including:
- The severity of the charges
- The accused’s criminal history
- Ties to the community
- Employment status
- Risk of flight
Release on Personal Recognizance: No bail amount is set, and the accused is released on the promise to appear in court.
Bail Amount Set: The accused must pay a certain amount to be released. Sometimes, only a percentage is required upfront.
Denied Bail: In severe cases, such as violent crimes or a high risk of flight, bail may be denied entirely.
Conditional Release: Sometimes, the court may impose conditions like GPS monitoring, or alcohol/drug testing.
A bail hearing is a critical juncture in the criminal justice process. Knowing what to expect can help you better prepare for this event and potentially improve the outcome of your case. For personalized advice tailored to your situation, consider reaching out to experienced legal professionals like those at The Law Offices of McKenzie and Tehrani.
Comprendiendo las Audiencias de Fianza en Maryland
Si usted o un ser querido enfrenta cargos criminales en Maryland, entender el proceso de la audiencia de fianza puede ser invaluable. En este artículo, el equipo de Las Oficinas Legales de McKenzie y Tehrani tiene como objetivo arrojar luz sobre lo que es una audiencia de fianza en Maryland, lo que implica y qué se puede esperar.