Maryland Petition for Remission of Bond Forfeiture

State:
Maryland
Control #:
MD-SKU-0285
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Petition for Remission of Bond Forfeiture

The Maryland Petition for Remission of Bond Forfeiture is a legal remedy available to individuals who have had their bond forfeited in Maryland. The petition is used to request that the court forgive the bond forfeiture and allow the person to pay the amount of the bond that was forfeited. The petitioner must provide evidence that either reveals why the bond forfeiture should be forgiven or shows that the bond forfeiture was a result of extenuating circumstances. There are two types of Maryland Petition for Remission of Bond Forfeiture: a Petition for Remission of Bond Forfeiture in a Criminal Case and a Petition for Remission of Bond Forfeiture in a Civil Case. The Petition for Remission of Bond Forfeiture in a Criminal Case is used when a defendant has forfeited a bond related to a criminal case. The Petition for Remission of Bond Forfeiture in a Civil Case is used when a party has forfeited a bond related to a civil case.

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FAQ

In 2017, Maryland took the historic step of changing its Rules of Court (essentially laws) to disfavor the use of cash bail and guide judges toward using the ?least onerous? conditions of release during bail hearings.

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.

Bond dealers must meet specific requirements to get a license from licensing bodies. Maryland's Insurance Department conducts the qualifying examination. The examination questions evaluate the applicant's basic knowledge of bail bonds, federal and state bail laws, court procedure, and bail bonds business management.

If the defendant appears for all the court proceedings, the person who posted the bail money will get it back, usually by a check issued about two to six weeks after the case has concluded. If the bail amount is $2,500 or less, you may be able to post 10% of the bail amount.

The bail system works by letting a criminal defendant out of jail in exchange for money or property that is held by the court until the criminal proceedings are finished. The money becomes a financial guarantee that the person will not flee the jurisdiction. If you leave town, the money is forfeited.

Bail Bondsmen at Work in Maryland Maryland law gives bail bondsmen 90 days from the date a defendant fails to appear for his/her scheduled court appearance to either produce the fugitive or pay the penalty sum of the bond.

A cash bond is the full amount of the bail required, paid in cash, to release a defendant from jail. How much does a cash bond cost? A cash bond costs the full amount of the bail, AND a nonrefundable $10 Sheriff's fee. Example: A $500 cash bond would cost a total of $510 ($500 plus $10).

More info

24 Petition for remission of forfeiture. The prerequisites for remission of forfeited funds are that: (1) there was no breach of the bond, and (2) the defendant has been surrendered or apprehended.You must file a claim or petition for remission or mitigation within 30 days of receiving written notice or publication whichever is earlier. Opinion. Proceeding on petition for remission of forfeited bail bond. Once the person has made all court appearances and the case is resolved, the bail money can be refunded to the person. The surety filed a petition for remission of forfeiture under the "extraordinary circumstances" provision of G.S. 15A-544.8(b)(2). Unpaid Bond Forfeiture Judgment Limits. 22. 17-19-201. Unpaid Bond Forfeiture Judgment Limits. 22. 17-19-201. 23A-43-24 (Rule 46(e)(4)) Remission of bond after entry of judgment. 548 Notification of district attorney when bail bond is forfeited.

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Maryland Petition for Remission of Bond Forfeiture