You Have a Right to Representation at Bail Hearings.

Make Sure You’re Well-Defended.

Your bail hearing is the difference between going home and staying in jail until your case is heard by the court.

Defend yourself from a year or more in jail with help from The Law Offices of James E. Crawford, Jr. & Associates, LLC, where we make sure the commissioners and judges consider the whole story before ruling on your case.

How Does Bail Work in Maryland, Virginia, Pennsylvania, and DC?

After someone is arrested for an alleged crime, they have the right to be seen by a Maryland court commissioner within 24 hours of the arrest. The commissioner looks at the case to see if they can be let go until the court date or need to be kept in jail.

Often minor criminal offenses—such as misdemeanors—are allowed to go free with a written notice of their court date. Those accused of more severe felony crimes are usually not released and must await their hearing before a commissioner.

It is the commissioner who decides whether to offer someone “bail.” Bail is an amount of money that the accused—or someone on behalf of the accused—pays the court in exchange for letting them out of jail until the court date.

The bail amount is usually established based on the accused’s previous criminal record (or lack thereof) and the crime that was alleged.

There are several different types of bail that a commissioner can allow, including:

• Cash bail, where the accused or someone on their behalf pays the entire amount immediately;
• Surety bail, where a bail bond agency or “bondsman” pays the bail in exchange for a fee from the defendant, often 10% of the total bail; and
• Property bonds, where the accused or someone on their behalf puts up a piece of property equal to the value of the bail in exchange for their release until their court date.

The court keeps the bail for the duration of the accused’s trial. It’s collateral to ensure that the accused shows up for all required appearances, even if they’re freed from jail in the meantime.

Navigating the Shifting Sands: Understanding the Key Changes in Our Bail System and How JC Law Can Help

For many of us, the idea of “bail” conjures up images from movies—a stack of cash being handed over, securing someone’s freedom while they await trial. But the reality of our bail system, and its impact on individuals and communities, is far more complex and often, far less equitable. We’re in an era of significant reform, a period of re-evaluating the very foundation of pretrial justice. As someone deeply invested in ensuring fair and just outcomes, I want to shed light on these key changes, explore the driving forces behind them, and most importantly, explain how JC Law is poised to help you navigate this evolving landscape.

The cornerstone of this transformation lies in a fundamental shift away from cash bail. For too long, wealth has been a deciding factor in whether someone is held in jail before even being convicted of a crime. This system disproportionately impacts low-income individuals and communities of color, creating a two-tiered system of justice where freedom is determined by the size of your bank account. The emerging model recognizes this inherent unfairness and seeks to address it head-on.

One of the primary tools facilitating this shift is the implementation of risk assessment tools. According to the Attorney General, courts are now leveraging these tools to objectively evaluate the likelihood of a defendant appearing for their court dates and the potential risk they pose to the community. These assessments take into account a range of factors, moving beyond simply considering the alleged crime and delving into the individual’s history and circumstances. This represents a significant step towards data-driven decision-making, aiming to reduce bias and ensure that pretrial detention is reserved for those who genuinely pose a threat.

This leads us to another critical change: the focus on non-financial conditions of release. The Courts have outlined a clear preference for release on recognizance (ROR) or unsecured bond. ROR allows a defendant to be released based on their promise to appear in court, while an unsecured bond means no upfront payment is required, but the defendant is liable for the full amount if they fail to appear. Additional conditions, such as electronic monitoring, drug testing, or restrictions on travel, are imposed only when deemed necessary to ensure court appearances or public safety. This approach prioritizes the least restrictive means necessary to achieve the goals of pretrial release, minimizing disruption to the defendant’s life and maximizing their ability to maintain employment, family ties, and access to vital resources.

Furthermore, judges are now placing an increased emphasis on community ties and other relevant factors. As highlighted by FrizWoods, considerations like a defendant’s criminal history (or lack thereof), their connections to the local community, their employment status, and their family responsibilities are all playing a more significant role in bail decisions. This holistic approach recognizes that a person’s life circumstances can significantly influence their likelihood of appearing in court and their potential for rehabilitation. By considering these factors, the system aims to make more informed and just decisions about pretrial release.

Crucially, the reformed system also provides avenues for bail review hearings. FrizWoods emphasizes the importance of these hearings, where defendants can request a commissioner to review the conditions of their release before a judge. This provides an opportunity to challenge overly restrictive conditions or to argue for release if circumstances have changed since the initial bail determination. This process ensures that defendants have a voice in the proceedings and that bail decisions are subject to ongoing scrutiny.

Even with these shifts, bail bonds still exist within the system. However, their role has been redefined. They are now viewed more as a means to secure release, rather than the primary determinant of whether someone should be released in the first place. This means that even if a judge sets a monetary bail amount, the focus remains on exploring alternative options, such as ROR or unsecured bond, before resorting to requiring a bail bond.

So, what are the overarching goals of this new system? They can be summarized as follows:

• Reduce pretrial detention: The primary aim is to dramatically reduce the number of individuals languishing in jail simply because they cannot afford bail. This not only addresses the inherent unfairness of the cash bail system but also reduces the burden on taxpayers by decreasing jail populations.
• Improve fairness and equity: By minimizing the reliance on cash bail, the system strives to ensure that financial status does not dictate a person’s pretrial freedom. This promotes a more equitable system of justice where everyone is treated fairly, regardless of their socioeconomic background.
• Enhance public safety: While reducing pretrial detention is a key goal, public safety remains paramount. The system aims to ensure that defendants who pose a genuine risk to the community are appropriately addressed, utilizing risk assessment tools and imposing appropriate conditions of release to mitigate potential harm.
• Improve court efficiency: By streamlining the bail process and facilitating the release of low-risk defendants, the system aims to improve court efficiency. This allows courts to focus their resources on more complex cases and ensures that justice is administered in a timely manner.

The shift in our bail system is complex, layered with nuances that can be difficult to understand. That’s where JC Law comes in. We are committed to staying at the forefront of these changes, ensuring that our clients understand their rights and receive the best possible representation.

Here’s how JC Law can help you navigate this evolving landscape:

• Expert Guidance: Our experienced attorneys possess in-depth knowledge of the new bail system and its implications. We can explain the process clearly, answer your questions, and provide tailored advice based on your specific circumstances.
• Comprehensive Case Review: We will thoroughly review your case, examining all relevant factors, including your community ties, employment history, and any mitigating circumstances that may support your release on ROR or with less restrictive conditions.
• Effective Advocacy: We will advocate fiercely on your behalf at bail hearings, presenting compelling arguments to persuade the court to release you on the least restrictive conditions possible.
• Bail Review Assistance: If you believe the conditions of your release are unreasonable or unfair, we can assist you in requesting a bail review hearing and presenting a strong case for modification.
• Ongoing Support: We understand that navigating the legal system can be overwhelming. We will provide ongoing support and guidance throughout the entire pretrial process, ensuring that you are informed and empowered every step of the way.

The reforms to our bail system represent a significant step towards a more just and equitable society. While the journey may be complex, JC Law is here to guide you through it. We believe that everyone deserves fair treatment and access to justice, regardless of their financial circumstances. Contact us today to learn more about how we can help you navigate the shifting sands of the new bail system and secure the best possible outcome for your case. Let us be your trusted advocate in this crucial time of change. We are here to help you understand your rights, protect your interests, and navigate the complexities of the legal system with confidence. Your freedom and future are worth fighting for, and we are ready to stand by your side.

Can Everyone Get Bail?

No, not everyone can get bail.

There are many circumstances where a commissioner will deny bail or otherwise set too high a bail for the average defendant to pay, especially if their criminal defense attorney isn’t there to help the commissioner understand the full story and context of the charges.

Specifically, those accused of very serious felonies, such as murder, can find themselves unable to bail themselves out.

Those whom the commissioner considers to be a “flight risk” may also have bail denied.

For example, if a wealthy business owner with many international contacts is accused of embezzlement, then a commissioner may think that the accused can simply charter a plane to fly overseas to a country without an extradition treaty.

For a real-world example of flight risk, consider Ghislaine Maxwell, the defendant in a highly publicized federal child trafficking case. She was denied bail in July 2020 by a federal judge.

In her statement, the judge said Maxwell “had demonstrated a sophisticated ability to hide herself and obscure her financial resources.” These and other contradictions to the court made the judge rule that Maxwell “poses a substantial actual risk of flight” before trial.

Therefore, she remained in federal custody until her trial.

What Happens if Someone Is Denied Bail?

If the accused is denied bail or otherwise has too high a bail amount to pay, then they have the legal right to see a District Court judge, either later that day or the next. They will not be released until that occurs unless they post bail in the (high) amount set by the commissioner.

Requesting a District Court judge to overrule the commissioner’s set bail (or lack thereof) can be very risky to attempt without excellent criminal defense attorneys experienced in bail reviews.

If the accused takes the chance to get a better deal with a judge and they strike out, then they’ll be stuck in jail for quite a while. Some criminal trials are scheduled a year or more out from the initial arrest. The defendant would be in jail until the trial was completed.

It takes a very experienced attorney to know what the chances are for a defendant to receive bail from a District Court judge if bail was denied by a commissioner or set very high.

Many times, defendants want to take a chance and try to get the bail reduced because the commissioner set it high. Sometimes that turns out to be a mistake because the District Court judge can deny bail altogether!

Is Bail Money Returned to the Defendant?

Bail money can be returned to the individual who posts it – depending on the type of bail paid and how the trial proceeded.

• Cash bails can be repaid to the poster in their entirety once the entire trial is concluded. Regardless of the verdict, if the accused has fulfilled the terms of the bond and shown up to all required court meetings, then the poster gets their money back.
• Surety bails are not repaid – at least, not to the accused on whose behalf bail was posted. The bondsman’s fee that was originally paid when the bail was posted – about 10% of the total bond – is non-refundable. In this way, the bondsman is paid for managing the accused’s court appearances and is held responsible if the accused breaks the terms of their bond.
• Property bonds are held in surety by the court. Like cash bonds, the court can possess the property if the accused, on whose behalf the property was offered, breaks bail.

Bails can be broken if the accused doesn’t attend court as promised, gets arrested for another crime while out on bail or breaks any of the other conditions set per the original bail agreement.

Remember, the bail is the Maryland court’s surety that the accused will show up to the trial without needing to be put in jail.

If someone doesn’t show or break other terms of the bail, then they forfeit the right to the money or property.

What Can Criminal Defense Lawyers Do at Bail Hearings?

Every accused individual has the right for their criminal defense attorney to attend their bail hearing. However, due to the nature of these hearings, they can occur at any time of the day or night.

Getting a criminal defense attorney in the room when bail is initially set (or denied) by the commissioner can be the difference between an accused going home or going to jail.

While that’s the best shot for an accused to get the best deal, criminal defense attorneys can also help in the cases of denied or exorbitant bail. They can:

• Request a preliminary hearing in ten or less days, at which time a good lawyer can convince the judge to issue bail
• Request an additional bail review due to extenuating circumstances
• File a habeas corpus petition on behalf of their client, in which the lawyer (plausibly) claims their client is being illegally detained

Of course, this requires a criminal defense team to know your situation and the facts of the case, so they can best argue for your bail at any given time.

Take advantage of free consultations from reputable criminal defense firms to find your legal champion who will stand up to commissioners, judges, and entire courtrooms on your behalf.

“The judge put a warrant out for my arrest and held me without bail [because] of the prison time I was backing out. My wife went right to Crawford’s office. Right away, he filed a motion to get me a bail review and argue the ‘no bail status.’ Well, at my bail review, he was able to argue to the court and get me released on my own [recognizance].”