What Is a Bail Review in Baltimore County?
A bail review is a hearing before a District Court judge that follows the Defendant’s initial appearance before a District Court commissioner. After an arrest, a commissioner decides whether to release the person on personal recognizance, set financial conditions, or hold the person without bail. If the person is not released, or if the conditions are too restrictive, a District Court judge holds a bail review, usually within 24 hours or on the next business day. The judge has broader authority than the commissioner and can modify or remove the conditions. Bail reviews in Baltimore County are typically held in the District Court in Towson.
What Factors Does the Judge Consider?
Under Maryland Rule 4-216, the District Court judge considers the nature of the charges, the strength of the State’s evidence, the potential sentence, the person’s prior record and history of court appearances, ties to the community, employment, and any recommendation from pre-trial services. The judge also considers the safety of the alleged victim and the community. Only a District Court judge can order pre-trial supervision – a commissioner cannot do so. The goal is to set the least restrictive conditions that reasonably assure the Defendant’s appearance and community safety.
In practice, the bail review is often the first meaningful opportunity for counsel to present a release plan. Information about stable housing, employment, family support, and any treatment history can influence the judge’s decision. Pre-trial services will also submit a risk assessment. The judge is not bound by the assessment, but it is part of the record the judge considers. In certain cases, an Assistant State’s Attorney may participate in the bail view and provide the judge with the State’s position on the Defendant’s release.
What Are the Levels of Pre-Trial Supervision in Baltimore County?
Baltimore County uses a tiered system of pre-trial supervision administered through the Department of Corrections. Level 1 pre-trial release is basic supervision and typically involves regular check-ins and monitoring of court-ordered conditions. Level 2 pre-trial supervision is structured community supervision and can include scheduled reporting to a case manager and monitoring of special conditions such as substance-use treatment. In some cases, a judge may order electronic monitoring (such as through a reputable private company like WatchTower) as a condition of level 2 pre-trial release. Level 3 strictly involves electronic monitoring on home detention. Special conditions, such as no-contact orders or stay-away orders, can be attached to any level. Only a judge can impose pre-trial supervision.
If the person is released on pre-trial supervision, compliance with the conditions is monitored by the Baltimore County Department of Corrections. Failure to check in, a positive drug test, or a violation of a no-contact order can result in a warrant or a return to custody. Addressing any alleged violation promptly is important.
How Does Pre-Trial Supervision Differ from Probation?
Pre-trial supervision occurs before trial and is designed to monitor the person while the case is pending. While it is not unique to Baltimore County, not every county in Maryland offers pre-trial supervision. Probation occurs after a finding of guilt or a probation before judgment and is a form of sentence. The two are not the same. A violation of pre-trial supervision can result in a return to custody or a modification of conditions, but it is not necessarily a separate criminal charge in the same way a violation of probation can be.
Where Are Bail Reviews Held in Baltimore County?
Bail reviews are normally held in District Court in Towson. The charging document or the detention paperwork shows which location is assigned. The Circuit Court for Baltimore County sits only in Towson and does not conduct the initial bail review. If a person remains detained after a bail review, a petition for a writ of habeas corpus can be filed in the Circuit Court in Towson to challenge the continued detention. The petition asks the court to determine whether the detention is lawful. It does not decide guilt or innocence.
What to Do If You or a Loved One Has a Bail Review Scheduled
If a bail review is scheduled in Towson, Essex, or Catonsville, counsel can appear and present information about ties to the community, employment, and any proposed supervision plan. Shepard Law represents clients at bail reviews and in subsequent proceedings in Baltimore County. Call (410) 648-4008 to schedule a free, confidential consultation. We strive to offer 24/7 availability and prompt service. Stephen P. Shepard, our criminal defense attorney, can review the charges and explain the options for release and supervision.
A bail review is a hearing before a District Court judge that follows the commissioner’s initial decision. The judge can modify or remove the conditions of release.
Only a judge can order pre-trial supervision. Commissioners cannot impose supervision levels.
Level 1 is basic supervision with regular check-ins. Level 2 is structured community supervision with scheduled reporting. Level 3 involves electronic monitoring. Special conditions can be added to any level.
Bail reviews are normally held in District Court in Towson at 120 E. Chesapeake Avenue, Towson, MD 21286.
