District Court of Maryland Form Dc/Cr 4

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District Court of Maryland Form Dc/Cr 4 Powered By Docstoc
					WHAT IS BAIL?                                     3. Intangible Assets                            DO I NEED A LAWYER?
Bail is money paid to the court to ensure that    Acceptable intangible assets include:
                                                                                                  You are not required to have a lawyer. However,
an arrested person who is released from jail      a. Bankbooks and certificates of deposit
                                                                                                  a lawyer will offer you legal advice, help defend
will show up at all required court appearances.   accepted at 100 percent of stated value
                                                                                                  you and protect your interests before the court.
                                                  b. Letters of credit from a bank
WHO CAN POST BAIL FOR ME?                         c. Certificates for stocks listed on the
You may post bail for yourself, have someone      American or New York Stock Exchange,            HOW DO I GET A LAWYER?
over 18 years old post it on your behalf or       accepted at 75 percent of the present           If you wish to hire a lawyer but do not know one,
use a bondsman. Whoever posts bail for you        exchange quotation.                             or if you wish to defend yourself but want to
assumes full responsibility for your appearance                                                   consult with a lawyer, the Lawyer Referral Service
in court. If you fail to appear as required,      Only a clerk of the court may accept            of the local Bar Association can help. Check the
a warrant will be issued for your immediate       intangible assets; a commissioner may not.      Yellow Pages under Lawyer Referral Service.
arrest and the bail will be forfeited.            Present the required documents to a clerk at
                                                  the court location where the case is pending.   If the offense is one that is punishable by

                                                                                                                                                                Criminal Defendant
                                                                                                  imprisonment and you want to hire a lawyer but
HOW CAN I POST BAIL?                              4. Credit and Debit Cards                       cannot afford one, the state may supply
Bail may be posted in the following manner:       Bail may be charged on certain credit and
                                                  debit cards. Although a commissioner or
                                                                                                  you with a lawyer free of charge, if you meet
                                                                                                  eligibility requirements. Contact the Office of the
1. Cash Bail                                      clerk accepts the card, an independent          Public Defender at 877-430-5187.
A percentage may be posted for cash bonds.        company processes the charge. The charge                                                                                            Happens
All bonds that are set at two thousand, five      includes the amount of the bail and a service
                                                                                                  If you do not meet eligibility requirements for
hundred dollars ($2,500.) or less may be
posted with a cash deposit of ten percent
                                                  fee. (These charges will appear on your next
                                                                                                  a public defender, many organizations and law                                       When You
                                                  credit or debit card statement.) The card and
(10%). However, the person posting cash bail                                                      firms provide free or low cost legal services.
is liable for the full amount. If you appear
                                                  personal identification must be produced in
                                                  person at the time of posting bail. (Contact
                                                                                                  Contact the Maryland State Bar Association or                                      Are Arrested
for trial or the charges are disposed of before                                                   a local bar association for assistance.
                                                  a District Court commissioner or clerk for
trial, the amount posted will be refunded. If
you do not appear, all cash posted will be
                                                  information on cards accepted and the fees
                                                                                                  WHEN SHOULD I CONTACT A LAWYER?                                                    for a Crime?
forfeited and the full amount of bail becomes                                                     Immediately. Your lawyer will need time to
due.                                              5. Professional Bail Bondsman                   prepare your case for trial. If you have not hired
                                                  A bail bondsman charges a nonrefundable         your own lawyer or contacted the public defender
2. Property Bail                                  fee to post bail. In addition to the fee, the   by the time of your trial, the judge can make you
Property (e.g. land or home) in Maryland          bondsman may require collateral security or     go to trial without a lawyer.
may be used to post bail, provided that the       property to secure your release. Collateral
net equity in the property meets or exceeds                                                       The public defender may refuse your case
                                                  will be returned to the person who posted it
the amount of bail. To determine net equity                                                       if you apply with less than 10 working days
                                                  after disposition of the charges. The service
deduct any liens, mortgages or deeds of trust,                                                    before trial.
                                                  fee and collateral received must be displayed
and ground rent, capitalized at 6 percent, from   on the bail bond form. Make certain that the    It is your responsibility to obtain legal counsel.
the assessed value of the property.               information is correct on the form, that you
                                                                                                  Information contained in this brochure is intended to
                                                  receive a receipt and that you understand       inform the public and not serve as legal advice. This
When posting property, you need to present
                                                  the action the bondsman may take if you fail    brochure is subject to unscheduled and unannounced
tax bills, assessment notices, copies of a
                                                  to meet your obligations.                       revisions. Any reproduction of this material must be
recorded deed or other public records. Each                                                       authorized by the Office of the Chief Clerk of the District
person whose name appears on the tax bill                                                         Court of Maryland. For more information contact a clerk
must sign the form, unless a power of attorney    For the telephone number of a bondsman          at the District Court of Maryland or visit the the website
has been executed by one or both parties          consult the Yellow Pages under the “Bail        at:
authorizing another signature.                    Bonds.”
                                                                                                  DC/CR 2BR (Rev. 6/2010)
WHAT HAPPENS AFTER I AM ARRESTED?              WHAT IS A PRELIMINARY HEARING?                    If your case is expunged, no public or            Do I continue to pay fines during
After you are arrested, you will be taken      A preliminary hearing is a proceeding held        private agency or individual can use the          appeal?
before a District Court commissioner           in the District Court to determine if probable    records of your arrest and/or trial against       You must continue to make scheduled
                                                                                                 you. You can request expungement:                 payment of court ordered fines and costs
who determines if probable cause exists to     cause exists to charge you with a crime.
charge you. The commissioner                   You are not allowed to testify or to offer          1. If you are found not guilty, the charges     unless the judge ordered that payment
                                                                                                 are dismissed or the state’s attorney enters      be stayed or that the full amount be paid
 • ensures that you understand the charges     evidence at the hearing, but you have the
                                                                                                 a nol pros, you may file a Petition for
    against you and the possible penalties     right to hear the evidence against you and                                                          as a condition to forwarding the appeal.
                                                                                                 Expungement (Form CC-DC/CR 72) after
 • advises you of your right to an attorney    to cross examine the state’s witness.             three years from the date of disposition          Requests for stay of payment must be
 • advises you of your responsibilities in     If the court finds no probable cause,             or you may file the Petition immediately          made in writing at the same time that you
    obtaining an attorney                      charges may be dismissed. (However, the           following the trial along with a General          file your appeal.
 • decides whether you should be detained      state’s attorney may refile charges later.)       Waiver and Release (Form CC-DC/CR 78).
    or released pending trial                                                                      2. If you are placed on probation               Am I still on probation during my
 • and determines whether bail should be       If you are charged with a felony or crime         before judgment, you may petition for             appeal?
    set.                                       which must be tried in circuit court and          expungement three years after probation           You must fulfill the terms and conditions
                                               you have not been indicted by the grand           was granted or discharged, whichever is           of your probation, unless the judge has
You should provide the commissioner with       jury, you have a right to a preliminary           later.                                            ordered a stay of probation. Requests for
any information requested.                     hearing. You must request one within                3. If your case is marked stet by the           stay of probation must be made in writing
                                               ten (10) days of your first appearance            state’s attorney, you may petition for            at the same time that you file your appeal.
WHAT COURT WILL HEAR MY CASE?                                                                    expungement three years after the date of
                                               before the commissioner. If you waive your
                                                                                                 the stet.                                         Will I be released during appeal?
The District Court hears most cases            preliminary hearing, or if it is held and
                                                                                                   4. If you are convicted of a nonviolent         Your release depends upon the factual
                                               the court finds there is sufficient probable      criminal act and are pardoned by the
involving motor vehicle violations, criminal                                                                                                       circumstances of the case and the ruling of
                                               cause, the state’s attorney must file within      governor, you may request an expungement
misdemeanors and certain felonies. The                                                                                                             the judge. The District Court conforms with
                                               thirty (30) days a charging document in the       after five years, but not more than ten
circuit court hears cases involving serious                                                                                                        the guidelines established by the Court
                                               circuit court, enter a nol pros (unwilling to     years, from the signing of the pardon.
felony crimes.                                                                                                                                     of Appeals of Maryland to determine your
                                               proceed) or stet (a stay of proceedings) in         5. You may also petition the court for
                                               the District Court, or amend the charges so       expungement at any time on a showing of           confinement or release pending appeal.
                                                                                                 good cause.
WILL I BE TRIED BY A JURY?                     that they can be tried in the District Court.
                                                                                                                                                   Must I post new bail while my appeal
                                                                                                 For further explanation regarding
A judge hears District Court cases and many                                                                                                        is pending?
circuit court cases. However, you may          WILL I HAVE A RECORD?                             expungements, please see Expungement
                                                                                                                                                   Original bail, if any, continues through an
                                                                                                 Brochure (CC-DC/CR 72BR).
request a jury trial, if you face a charge     Records will exist on all charges filed against                                                     appeal unless discharged by the judge.
punishable by imprisonment for more than       you and the disposition of those charges,         CAN I APPEAL A JUDGMENT ?                         If the judge sets an appeal bail greater
90 days. A written request for a jury trial    including any convictions.                        You have a right to appeal a guilty judgment      than the original bail, you must post an
should be filed fifteen (15) days before the                                                     entered in a District Court criminal or traffic   additional bail to cover the increase.
scheduled trial date.                          Even if you are not convicted, court records      case. You do not have a right to appeal if
                                               will exist on the charges filed against you       you have been placed on probation without         Do I need a transcript for an appeal?
If your case is set for trial in the circuit   and the result of the case. Additionally,         the entry of a judgment.                          A transcript of the trial is not required in
court, you will be asked whether you want      police agencies, the state’s attorney, or the                                                       criminal or traffic appeals. If you would
a jury trial when you are arraigned in the     public defender may maintain records of           How and when should I plan an appeal?             like to have a recording of your District
court.                                         your arrest and/or trial.                         Complete the Order for Appeal and file            Court trial, you may have one upon
                                                                                                 in the District Court within 30 days of           payment of the cost.
                                               Under certain conditions you can have all         disposition. Pay circuit court costs. If
                                               records pertaining to your case sealed and        you cannot pay, speak with a clerk on the
                                               made unavailable to the public through a          procedures to have the fee waived.
                                               process called expungement.                       The District Court has no power to grant
                                                                                                 an extension of time for filing an Order of

Description: District Court of Maryland Form Dc/Cr 4 document sample