Reasonable bail in criminal cases is guaranteed by the Eighth Amendment. “Reasonable” is a lawyer word that means different things in different contexts. However, given the high percentage of unsentenced inmates in Charles County jails, “reasonable” now favors defendants. Whether or not it is true, the public perception is that many Charles County inmates languish in jail simply because they cannot afford bail. As outlined below, politicians under pressure to “do something” about this problem have indeed done something.

Immediate jail release may be one of the most important, and most overlooked, elements of a criminal defense. Defendants in custody cannot meaningfully participate in their own defenses. Furthermore, incarcerated defendants often take the prosecutor’s first plea bargain offer, especially if that offer includes probation. Immediate jail release gives a La Plata, MD criminal defense lawyer from the Law Office of Richard R. Castro an opportunity to develop all possible criminal defenses.

Initial Release

The cash bail system, which is the foundation of the jail release system in Maryland, has been in place for centuries. While they want to keep this system in place, state politicians recognize the need for changes. This desire has lead to three modified forms of jail release in Southern Maryland:

• Pretrial Release: OR (Own Recognizance) release, the newest kind of jail release in Maryland, may be available if the inmate is charged with a nonviolent misdemeanor and has no prior criminal record. Usually, if these defendants promise to comply with all release conditions (more on that below), the sheriff releases them.
• Cash Bail: Lawmakers recently imposed an informal cap on cash bail amounts, making the easiest form of jail release at least somewhat more affordable. Cash bail, which is like an apartment security deposit, is usually around $750 in most misdemeanors and $1,500 in most felonies. The county refunds most of this money when a Waldorf, MD, criminal defense lawyer resolves the case.
• Bail Bond: The hybrid between pretrial release and cash bail is usually an option and usually costs a fraction of cash bail. For about a 15% premium, a bonding company agrees to bear the financial risk if the defendant violates a condition of bail and a judge revokes it. This premium, like all other insurance premiums, is nonrefundable.

Common pretrial release conditions include avoiding further trouble with the law, attending all required court hearings (including procedural hearings in most cases), remaining in the county, and reporting to a supervision officer.

Subsequent Matters

Reasonable bail usually is not immediately available in complex or extremely serious cases. A St. Mary’s County criminal defense lawyer must schedule a bond reduction hearing in these situations.

Sheriffs usually only consider the defendant’s criminal record and the severity of the offense when they set initial bail amounts. At a bail reduction hearing, a judge considers these factors plus other ones, such as the defendant’s:

• Ability to pay,
• Flight risk,
• Connections to the community,
• Need for jail release, and
• Threat to the community.

These hearings usually occur about seventy-two hours after an arrest. Attorneys also schedule these hearings later, usually to modify restrictive conditions.

Contact a Dedicated Calvert County Lawyer

There is a big difference between an arrest and a conviction. For a confidential consultation with an experienced criminal defense lawyer in Prince George’s County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. You can also call us at (301) 870-1200 or go online.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.