Arraignment and Bail in Maryland: What to Expect in Anne Arundel, Calvert & Prince George’s

In Anne Arundel, Calvert, Prince George’s, and throughout Maryland, bail hearings and arraignments are important parts of the criminal process. Both involve court appearances and happen early in the process, but they are not necessarily the same.

A bail hearing typically occurs first, shortly after an arrest, while the formal arraignment can occur a bit later. At arraignment, the defendant is advised of the charges and their rights. In some cases, a plea may be entered, but arraignment often focuses on advising the defendant and scheduling future proceedings. Many District Court cases begin with a Statement of Charges as the charging document, and the first required appearance is typically the initial appearance/pretrial release determination. Below, our Maryland criminal defense lawyer explains more about both types of court hearings.

What is a bail hearing?

Bail/pretrial release decisions usually happen quickly after arrest – often within 24 hours – because Maryland requires an initial appearance without unnecessary delay and, in District Court matters, generally no later than 24 hours after the arrest/processing for purposes of the initial appearance. During a bail hearing, a judge or a District Court commissioner determines if you can be released from custody before your trial starts. If bail is set, release may be possible by meeting the bond conditions (for example, personal recognizance, an unsecured bond, or posting the required security/using a surety), depending on what the judicial officer orders. Bail is essentially a financial guarantee that you will attend future court hearings. If you are unable to pay bail, you may have to remain in custody until your next court date, although this is not always the case.

Factors considered at bail hearings

Judges consider many factors when deciding whether to grant bail and the amount a defendant must pay. These include:

• Nature of the crime: Serious offenses, (burglary, drug distribution, and many others), can result in a denial of bail or a higher bail amount.
• Previous criminal history: Judges are less likely to grant bail if you have a previous criminal history, particularly if you have been convicted of a similar offense in the past.
• Flight risk: The judge will determine if you are a flight risk, meaning that you may flee and fail to attend future court hearings.
• Ties to the community: Judges are often more likely to grant bail to defendants who have strong ties to their community, such as a family or stable employment.
• Danger to the public: The judge will also determine if you pose a danger to public safety. If so, they may deny bail or set bail with strict conditions, such as issuing a no-contact order that prohibits you from contacting certain individuals.

Types of release available

Many people first think bail involves defendants paying the full amount before being released. Although this is one type of pre-trial release, there are others, as well. They are as follows:

• Unsecured bond: Here, a defendant does not have to pay the court anything in order to be released. However, those who fail to attend future court hearings, can be ordered to pay the bail.
• Bail bonds: If secured bail is imposed, defendants may use a bail bondsman. With bail bonds, defendants pay a certain percentage of the bail amount to a bail bondsman, who guarantees the rest of the bail.
• Personal recognizance: Being released on personal recognizance means the judge has released the defendant without a bail requirement. The defendant must sign a formal agreement stating that they will appear at future court dates.
• Pretrial release: Pretrial release programs are sometimes available for defendants who cannot afford bail, but they must specifically be ordered by the court. There are typically many restrictions placed on defendants, such as drug testing, GPS monitoring, and regular check-ins with pretrial services or another court-supervision program, depending on what the judge orders. If release conditions are violated, the court may modify release conditions, revoke release, or issue a warrant. The consequences depend on the court’s order and the type of release granted.

Options if bail is denied

Being denied bail is frustrating, but the situation is not hopeless. A denial of bail may mean that you will have to remain in custody until your preliminary hearings and trial. In some cases, a judge may order continued detention (no pretrial release) if no conditions will reasonably ensure appearance and safety. When working with a Maryland criminal defense lawyer, they can help you appeal the decision or request a bail review hearing to introduce new arguments and evidence that support bail being granted.

Instead of denying bail outright, judges may sometimes impose certain conditions. These can include electronic monitoring, house arrest, or checking in with pre-trial services to make sure you remain in compliance with the terms of release.

What is an arraignment?

Maryland requires an initial appearance/pretrial release decision quickly after arrest (generally within 24 hours). Arraignment timing can vary depending on the court and how the case is charged.

The purpose of the arraignment is to inform you of the charges that have been filed against you. The judge may also inform you of the maximum penalties if you are convicted, although some focus more on the charges against you and your rights. You may be asked to enter a plea of guilty, not guilty, or no contest. Pleas of not guilty are most common at this early stage.

The judge will also inform you of your rights during the arraignment. For example, they will tell you that you have the right to an attorney.

How can a Maryland criminal defense lawyer help?

For both the bail hearing and your arraignment, a criminal defense lawyer in Maryland can be a great help. A lawyer can present arguments in support of bail, such as the fact that you are not a flight risk or a threat to public safety. A lawyer can also help you obtain a lower amount of bail or personal recognizance, meaning you will not have to pay bail at all. Without legal representation at your bail hearing, you may have to remain in custody until your trial starts, which may be months away.

A lawyer can also be very helpful during your arraignment. For instance, they can make sure you understand the charges against you, as well as the penalties you may face if you are convicted. A lawyer can also advise on the best plea for your case and enter it on your behalf. Lastly, when working with an attorney at your arraignment, they can make sure your rights are protected and that you do not make any statements that are self-incriminating.

Working with a criminal defense lawyer from the very beginning is extremely helpful for your case. It gives them time to become familiar with the facts of the case, identify weaknesses in the prosecution’s case, and start building their defense immediately.

Our criminal defense lawyer in Maryland can help you through the process

Attending a bail hearing and an arraignment is very overwhelming. You do not have to go through it alone. At Carey Law Office, our Maryland criminal defense lawyer can provide the sound legal representation you need, protect your rights, and help you every step of the way. Call us now or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.