Maryland Code, CRIMINAL PROCEDURE 5-204
Terms Used In Maryland Code, CRIMINAL PROCEDURE 5-204
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Oath: A promise to tell the truth.
- 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
- Personal property: All property that is not real property.
- Recess: A temporary interruption of the legislative business.
(1) the court adjourns before the defendant has secured the bail; and
(2) the court before adjournment, or any judge of the court after adjournment, issues an order that sets the amount of the bail and directs the clerk to take the bail.
(b) If a defendant is arrested on indictment in a bailable case in a circuit court and is confined during the recess of the court, any judge of the court, by written order, may set the amount of the bail and direct the clerk to take the bail with security.
(c) The clerk may not accept security for bail unless:
(1) the person offering the security states under oath that the person owns real or personal property worth the amount of the bail, exclusive of the person’s right to exemption from execution; and
(2) the clerk is satisfied that the statement is true.