If arrested for a felony charge, you will want to have a bail review hearing. It’s your only chance of release before your pending trial. You don’t want to wait inside the prison if the trial is still weeks or months away. So getting a trustworthy and professional bail review attorney is the best course of action.
Fortunately, Jezic & Moyse has a team of skilled attorneys who can assist you before, during, and after your bail review hearing. Because these hearings nearly always take place after detainment, get in touch with us so we can assess your case immediately.
How does a bail review hearing work in Gaithersburg, MD?
Posting bail isn’t as easy as it sounds. You can’t just request it and have it approved by the Judge. You will need to go through a process that involves connecting with a qualified criminal defense attorney.
So if you or a loved one recently got arrested, talk to a lawyer ASAP. You wouldn’t want to waste any time. Plus, proper guidance is essential to understand all the factors that may play a part in your case.
Before meeting with a Judge, you may have the option to see a Commissioner. They are government employees who conduct an initial appearance while you wait for a Judge. The Commissioner will inform you of the charges against you and ask how you plead. You can either plead guilty, not guilty or have no contest.
Most bail review hearings are conducted in the District Court. It’s worth noting that though police officers can charge you with anything, they can only bring these charges in District Court. Once the hearing is scheduled, the Judge will oversee it while your attorney or a public defender will represent you.
The attorney will determine whether you are eligible for release on bail. It’s a crucial first step in preparing your defense strategy. Many regulations and procedures will select the result of your bail review hearing. All of which a qualified attorney can take care of.
Factors that may affect your bail review
There are some factors that the Judge must consider before deciding your bail release based on Maryland Rule 4-216. And as a rule of thumb, the Judge must use demanding conditions to ensure a person will appear in court. Additionally, the Defendant must not be a danger to the community, the victim, or themselves.
Appearances
The Judge must determine if the Defendant will appear in court when weighing their bail conditions. If there were prior failures to appear in court or FTAs, these could be held against the Defendant unless there was a justification for a person’s failure to appear.
Here are some of the detailed justifications:
- Incorrect address
- Incorrect names on charges
- Incarceration at the time of Court Date in another jurisdiction
- Failure to serve the person with their Court Date
Other considerations may also include ties to the community, international connections, and means by which Defendant could escape the State pending trial. But the simple question is if the Defendant is a flight risk or not.
Dangerousness
The dangerousness of the Defendant often depends on the nature of the charges. Some examples of dangerousness considerations include:
- Danger to oneself: If you show signs of hurting yourself
- Danger to the community: For instance, you sell drugs after being arrested for possession of drugs with intent to sell
- Danger to the victim: If arrested for domestic assault
There are many other considerations that the Judge must consider to determine your dangerousness. Additionally, the Judge will also look at your past criminal record. A small felony charge is enough for the Judge to hold you and deem you a “danger.”