What Happens Immediately After Arrest?
After an arrest in Baltimore County, the person is transported to a police precinct for booking. Booking includes fingerprinting, photographing, and the collection of basic identifying information. The person is then taken before a District Court commissioner for an initial appearance. Commissioners are available around the clock. The initial appearance usually occurs within hours of the arrest. At the initial appearance, which is conducted by video, the commissioner advises the person of the charges, the potential maximum penalties, and the right to counsel. The commissioner also makes an initial determination of pretrial release conditions. Those conditions can include release on personal recognizance, release with non-financial conditions, or a financial bond, or hold without bond until the next business day when person will receive a bail review in front of a judge.
What Is a Bail Review?
If the person is not released by the commissioner, a District Court judge holds a bail review (usually in Towson). The bail review typically occurs within 24 hours of the initial appearance, or on the next court day if the initial appearance occurs on a weekend or holiday. At the bail review, the judge has broader authority than the commissioner. The judge can release the person on recognizance, impose conditions, set or modify a financial bond, or order the person held without bond. The judge may also place the person on pre-trial release or home detention. Counsel may appear at the bail review. The judge considers the nature of the charge, the person’s ties to the community, any prior record, and any risk of flight or danger.
What Happens If the Person Is Released?
If the commissioner or the judge releases the person, the person receives a written notice of the charges and the next court date. The release order may include conditions such as no contact with an alleged victim, stay-away provisions, or reporting requirements. The person must appear at the next court date in the assigned District Court location—Towson, Essex, or Catonsville—or in the Circuit Court if the case has been transferred. Failure to appear can result in a warrant. If a financial bond was set and posted, the bond is subject to the conditions of release.
What Happens If the Person Remains Detained?
If the person remains detained after the bail review, the person is held at the Baltimore County Detention Center pending further proceedings. Counsel can request a later review of the release conditions or file a petition for a writ of habeas corpus in the Circuit Court for Baltimore County in Towson. The habeas petition asks a Circuit Court judge to examine whether the detention is lawful and whether the bail conditions are excessive. The person remains entitled to counsel and to a timely trial. The charging document will identify the court and the next scheduled appearance.
Where Do These Proceedings Occur in Baltimore County?
The initial appearance before the commissioner can occur at any time and is not limited to a particular courthouse. The bail review is held in District Court, usually in Towson. However, Baltimore County has District Court locations in Towson, Essex, and Catonsville. The specific location depends on where the arrest occurred and how the case is assigned. If the case is later moved to the Circuit Court for Baltimore County by a jury-trial prayer or because it is a felony, subsequent proceedings occur in Towson. The first 48 hours typically involve the commissioner appearance and the bail review in District Court.
What to Do After an Arrest
If you or a family member has been arrested in Baltimore County, the charging document and the release order will show the assigned court and the next date. Shepard Law represents clients in these early proceedings in Towson, Essex, and Catonsville District Court and in the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense lawyer Stephen P. Shepard can review the facts and explain what typically happens in the first 48 hours.