Maryland Motion to Release Defendant and Set Reasonable Bail

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Multi-State
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US-02728BG
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Rule 4-221 - Preliminary Hearing in District Court (a) Request and Waiver. A defendant charged with a felony that is not within the jurisdiction of the District Court may request a preliminary hearing at or within ten days after an initial appearance pursuant to Rule 4-213(a).

Rule 4-213 - Initial Appearance of Defendant (a) In District Court Following Arrest. When a defendant appears before a judicial officer of the District Court pursuant to an arrest, the judicial officer shall proceed as follows: (1)Appointment, Appearance, or Waiver of Attorney for Initial Appearance.

When a charging document is filed in the District Court for the offense for which the defendant is already in custody a warrant or summons need not issue. A copy of the charging document shall be served on the defendant promptly after it is filed, and a return shall be made as for a warrant.

Rule 4-213 - Initial Appearance of Defendant (a) In District Court Following Arrest. When a defendant appears before a judicial officer of the District Court pursuant to an arrest, the judicial officer shall proceed as follows: (1)Appointment, Appearance, or Waiver of Attorney for Initial Appearance.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

Rule 4-214 - Defense Counsel (a) Appearance. Counsel retained or appointed to represent a defendant shall enter an appearance within five days after accepting employment, after appointment, or after the filing of the charging document in court, whichever occurs later.

(1) On Defendant's Failure to Appear--Issuance of Warrant. If a defendant fails to appear as required, the court shall order forfeiture of the bail bond and issuance of a warrant for the defendant's arrest and may set a new bond in the action.

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Maryland Motion to Release Defendant and Set Reasonable Bail