Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Maryland Code, CRIMINAL PROCEDURE 5-211

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • 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
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) If a person has been charged with a crime and admitted to bail or released on recognizance and the person forfeits the bail or recognizance and willfully fails to surrender, a bench warrant shall be issued for the person’s arrest.

(b) (1) On issuing a bench warrant under subsection (a) of this section, a judge may also set a bond in the case.

(2) If a person against whom a bench warrant has been issued posts a bond that has been set by a judge under paragraph (1) of this subsection:

(i) a judicial officer shall mark the bench warrant satisfied; and

(ii) the court shall reschedule the hearing or trial.

(c) A person who has been admitted to bail or released on recognizance in a criminal case in the State and who willfully fails to surrender within 30 days after the date of forfeiture is guilty of a misdemeanor and on conviction is subject to:

(1) a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both, if the bail or recognizance was given in connection with a charge of a felony or pending an appeal, certiorari, habeas corpus, or postconviction proceeding after conviction of any crime; or

(2) a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both, if the bail or recognizance was given in connection with a charge of a misdemeanor, or for appearance as a witness.

(d) This section does not diminish the power of a court to punish for contempt.

(e) A person who is prosecuted under subsection (c)(1) of this section is subject to § 5-106(b) of the Courts Article regarding the exemption from the statute of limitations for the institution of prosecution and the right of in banc review.