Criminal Defense in Maryland 1. What should I do if I am arrested?If the police arrest you, immediately ask to call an attorney. Do not say anything to the police that could incriminate you. Even if you are innocent and were in no way involved in the crime for which you have been arrested, ask for an attorney and do not speak to the police without a criminal defense attorney present2. What happens when a person is arrested?After you are arrested, you will be taken before a District Court Commissioner who will determine if probable cause exists to charge you. The Commissioner will then: 1) make sure that you understand the charges against you and the possible penalties; 2) advise you of your right to an attorney; 3) advise you that it is your responsibility to obtain an attorney; and 4) determine whether bail should be set and in what amount.3. What is bail?Bail is money paid to the court to make sure you will appear at all required court appearances. This amount is varies due to many factors including seriousness of the charges, prior record, and ties to the community. 4. Who can post bail for me?You may post bail for yourself, have someone over the age of 18 post it on your behalf, or use a bail bondsman.5. How can I post bail? Bail can be posted by the following:
1. Cash Bail - In most circumstances a percentage may be posted for cash bonds. For example, bonds that are set at two thousand five hundred dollars ($2,500), or less may be posted with a cash deposit of ten percent (10%). However the person posting the cash bond is liable for the full amount. If you appear for trial or the charges are disposed of before trial, the amount posted will be refunded. However, if you fail to appear for trial, all cash posted will be forfeited and the full amount of the bond becomes due.
2. Property Bail - Property (land or home) may be used to post bail, provided that the net equity in the property meets or exceeds the amount of the bail. To determine the net equity; deduct any liens, mortgages or deeds of trust, and ground rent, capitalized at 6 percent (6%), from the assessed value of the property. When posting a property bond, you need to present tax bills, assessment notices, copies of a recorded deed or other public records. Each person whose name appears on the tax bill must sign the form, unless a power of attorney has been executed by one or both parties authorizing another signature.
3. Intangible Assets - 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 stock listed on the New York or Nasdaq Stock Exchanges, accepted at seventy-five percent (75%) of the present exchange quotation. Only a clerk of the court where your case is currently pending may accept intangible assets.
4. Professional Bail Bondsman - A bail bondsman charges a non-refundable fee to post bail. In addition to the fee, the bondsman may require collateral security or property to secure your release. Collateral will be returned to the person who posted it after disposition of your charges. Consult a bail bondsman for all fees and other conditions they may charge to secure your release. Ask Question, Get Your Answer