Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-704
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Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-704
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) On return of a writ of habeas corpus and production of a person and cause of his detention before a judge, the judge shall immediately inquire into the legality and propriety of the confinement or detention.
(b) If it appears to the judge that the person is detained without legal warrant or authority, he shall release or discharge the person immediately.
(c) If the judge considers the detention lawful and proper, the person shall be:
(1) Remanded to custody; or
(2) Admitted to bail.
(d) If the person is admitted to bail, the judge shall take a recognizance for his appearance in court and transmit it to a court having jurisdiction over the offense charged.