Baltimore Bail Review and Reduction Attorneys

Lawyers Addressing Bail and Bail Conditions in Criminal Cases in Baltimore, MD

The process of setting and making bail in Maryland is a critical stage of any criminal case. It is also, unfortunately, a part of the process that people may try to handle themselves instead of hiring an attorney who is experienced in bail review and reduction. This mistake often results in people who have been charged being forced to remain in jail when they do not need to, or it may cost them much more than it should have or could have to secure pre-trial release.

The criminal defense team at Silverman Thompson handles hundreds of criminal cases each year. In many of these cases, our representation begins when we are retained to help secure reasonable bail. This is always easiest to do the earlier we are involved in the process.

Understanding the Bail Process

When a person is arrested and charged with a crime in Maryland, the police are required to take that person before a judicial officer known as a court commissioner. The person's initial appearance must take place within 24 hours of their arrest

At this initial appearance, the court commissioner will conduct a hearing in which they will explain to the person what specific charges have been filed against them and what the maximum penalty is for each offense. The commissioner will explain the person's right to an attorney and advise them of the importance of retaining an attorney to represent them in a criminal case. The commissioner will advise the person that if they cannot afford an attorney, they may qualify for representation by the Office of the Public Defender.

Finally, the commissioner will admonish the person that if they appear in court without an attorney, the judge may determine that they have waived their right to an attorney through inaction and require them to represent themselves. The commissioner will then determine whether the person can be released prior to trial or whether the person should be remanded to custody pending trial.

In most cases, the commissioner may either release the person on personal recognizance, which means on their pledge to come to court. They may set monetary bail, or they may order the person to be held without bail. If bail is set, the statute allows defendants to post bail in one of three ways. The defendant may post bail utilizing cash, real property, or a corporate surety, also known as a bail bondsman.

Under certain circumstances, the commissioner is prohibited from setting bail and must order the person to be held without bail. These include situations in which a person is already out on bail pending trial for one or more of a list of felonies, and they have subsequently been charged with another felony on that list. Bail may also be denied in situations in which a person is charged with a domestic violence-related assault or a violation of a protective order when they have previously been released on bail on charges related to the same alleged victim.

If the commissioner does set bail, but the person charged cannot post it because it is too high, the person may choose to appear the following court day in front of a judge in the District Court of Maryland for a bail review. It is essential to have an experienced criminal defense attorney during this stage of the criminal prosecution.

At a bail review hearing, the judge will base their decision on what bail or other conditions of release to set based on their evaluation of two factors: whether the defendant presents a flight risk and whether releasing the defendant would present a danger to a particular individual or to the community at large.

The Importance of an Attorney When Addressing Bail

Legal representation is crucial in cases involving bail, because an experienced attorney will know what information to present and how to present it to persuade the court to grant the most favorable bail or other conditions of pre-trial release. The mere presence of a private attorney at a bail review is assurance enough to most judges that the person will appear in court, leaving only the dangerousness factor for the court to consider.

Far too often, people will not start looking into hiring a criminal attorney for an incarcerated family member or friend until after an adverse bail ruling has been handed down in the District Court. At this point, the defense attorney can still be very helpful, but the options for addressing bail are limited.

The attorney may file a motion to reconsider bail in the district court, or they may file a Petition for Habeas Corpus in the Circuit Court. It is more challenging to secure a favorable bail decision in these cases, as courts will often require a defendant to demonstrate either an abuse of discretion by the District Court Judge or a change in circumstances in the case before they will even consider changing the bail.

Contact Our Baltimore, Maryland Bail Review Lawyers

The criminal defense lawyers at Silverman Thompson understand how to address matters related to bail and how to help clients defend against criminal convictions. We work to ensure that our clients' rights are protected and that they will be able to receive favorable bail conditions as they proceed with their criminal cases. If you or a loved one have recently been arrested and need to address issues related to bail, contact our Baltimore bail review hearing attorneys at 410-385-2225 and arrange a free consultation.