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Home > Maryland > Bail
Bail Maryland
BAIL
 
Bail is money paid to the court to ensure that an arrested person who is released from jail will show up at all required court appearances.
 
After a person is arrested, it will be taken before a District Court commissioner who determines if probable cause exists to charge him/her. The commissioner:
  1. ensures that the person understands the charges against him/her and the possible penalties,
  2. advises him/her of the right to an attorney,
  3. advises him/her of the responsibilities in obtaining an attorney,
  4. decides whether the person should be detained or released pending trial,
  5. and determines whether bail should be set.
  6. A person over 18 years old can post a bail on his or her behalf or use a bondsman.
  7. The person who posts a bail assumes full responsibility for his/ her appearance in court.
  8. If the person on bail fails to appear as required, a warrant will immediately be issued for arrest and the bail will be cancelled.
  9. OBTAINING A BAIL
  1. Bail By Giving Cash Deposits
    1. Every bond that is set at $2,500 or less may be posted with a cash deposit of ten percent (10%).
    2. The person posting cash bail is liable for the full amount. The amount is refunded if the person appears for trial or the charges are disposed of before trial.
    3. If the person does not appear, all cash posted will be forfeited and the full amount of bail becomes due.
  2. Bail By Giving Property Security
    1. The property (e.g. land or home) in Maryland may be used to post bail, if the net equity in the property meets or exceeds the amount of bail.
    2. The net equity may be determined after deducting any liens, mortgages or deeds of trust, and ground rent, capitalized at 6 percent, from the assessed value of the property.
    3. It is essential to produce tax bills, assessment notices, and copies of a recorded deed or other public records.
    4. A person whose name appears on the tax bill must sign the form.
  3. Bail Through Deposit of Intangible Assets
    1. An intangible asset may be used for posting a bail. The acceptable intangible assets include:
      1. Bankbooks and certificates of deposit accepted at 100 percent of stated value,
      2. Letters of credit from a bank,
      3. Certificates for stocks listed on the American or New York Stock Exchange, accepted at 75 percent of the present exchange quotation.
    2. A clerk of the court where the case is pending may accept intangible assets.
  4. Bail By Producing Credit and Debit Cards
    1. Bail may be charged on certain credit and debit cards.
    2. A commissioner or clerk accepts the card and an independent company processes the charge.
    3. The charge includes the amount of the bail and a service fee.
    4. The card and personal identification must be produced in person at the time of posting bail.
  5. Bail By A Professional Bail Bondsman
    1. A bail bondsman charges a non refundable fee to post bail and the fee may also include collateral security or property to secure the release.
    2. The collateral security will be returned to the person who posted it after disposition of the charges.
    3. The service fee and collateral received shall be displayed on the bail bond form to make certain that the information is correct on the form that the person receive a receipt and that he understands the action, the bondsman may take if the person fails to meet the obligations.
 
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