Thursday, January 16, 2014

The Winds of Change Possible for the Bail/Bond Process

There might be some changes coming soon to the the bail/bond process in the state of Maryland.

Here's my take on it:

When an individual has charges placed upon them, currently they see a commissioner within 24 hours who sets a bail/bond. This process is extremely time consuming, and from arrest to the visit to a commissioner it can be as much as 6 - 10 hours. The changes contemplated by the courts in Maryland are, I'm afraid, going to make that process much longer. This will have a much more pronounced effect in the rural counties where getting a judge to hear a bail/ bond review will be difficult for a multitude of reasons. 

The bottom line is you are looking at a commissioner who is available 24 hours a day, and replacing them with a judge who is only available from 9-5, during the week. It appears that on the weekends, that might be different. But overall, I think it will create a significant extension to a process, which when you are the person arrested, takes too long as it is.

Additionally, there was a proposal to do away with a monetary bond requirement attached to the process. It would be a significant change to the process, and I agree with the Court that the insertion of a judge hearing the initial bail/bond review addresses the constitutional requirements set forth. 

What are your thoughts?