Pre-Trial Release & Bond for Maryland DUI Charge
Usually, people with a typical DUI offense do not have issues with bonds. Most people are released on their own recognizance. However, if the DUI is particularly serious in nature, there was a bad car accident, or there were injuries sustained by someone in the other car involved in the accident, the person may have to see a commissioner who determines their bond. When the person is a multiple DUI offender, they might have to see a commissioner to determine their bond.
A Maryland DUI defense lawyer should be contacted to assist a person who has been arrested in speaking with the commissioner about the reasons the person should be released on bond. If the commissioner does not give an appropriate bond or sets a bond the person cannot afford, the lawyer can speak to a judge after the meeting with the commissioner to determine a reasonable bond on the person’s behalf and handle the case for them.
How Bond Amount is Determined
The bond amount is determined by a number of factors including whether the person is a resident of Maryland, has blood relatives in the community, and employment in the community that would keep the person from being a flight risk. Another factor is the number of prior offenses on the person’s record. These are not limited to DUIs, they include all prior offenses.
When someone has a history of failure to appear before the court, that has an effect on the bond amount. The most serious DUI cases in Maryland occur when there is a car accident resulting in potential deaths. Bond in that situation would be set very high.
When someone is driving and is pulled over for a traffic violation and is above the legal limits for alcohol consumption, the bond amount is less significant. Perhaps a bond is not necessary and the person is released on their own recognizance.
Posting a Bond in Maryland
In Maryland, bonds are posted at the police station or wherever there is a central processing unit. Many times, bonds can be posted at the courthouse and at the commissioner’s office. Different sources can be used to post bond, sometimes they are full cash bonds, or only cash or cash equivalent, like a cashier’s check, can be used. Other collaterals such as property, liens on bank accounts, vehicles and things of that nature can also be used to secure bonds.
Consequences of Not Complying With Pre-Trial Release
Pre-trial release is a condition set by the court that a person must comply with to maintain their release after a Maryland DUI charge. When someone does not comply with the conditions of pre-trial release, they could be re-arrested. The bond can be revoked and they could be required to stay in jail until the matter is resolved in court.
In some situations such as misdemeanors, there may be only a couple of weeks before the court date is scheduled. In DUI cases, traffic cases, and also in many felony cases, a matter can be pushed back for six months or more before the first hearing is held in court.
In those circumstances, being in jail for that entire period of time is extremely. Pre-trial conditions are serious; the consequences of not complying with them are also very serious.
Charging Document and Conditions of Release
A person receives their charging document upon their release from jail. These are all of the documents that lay out the allegations against a person. Oftentimes, there is a statement of probable cause written by the officer. This is the officer’s version of the events.
The person usually receives any conditions of their release and any conditions they must comply with, to maintain their freedom pending their trial date. All of these documents are equally important to show to the attorney immediately upon a person’s release.
Hire a Maryland DUI Attorney Right Away
When someone is arrested for DUI, their case is extremely complicated, as are the defenses associated with the DUI. People believe that because their blood alcohol concentration level was above a certain level; that automatically means they will be found guilty of driving under the influence of alcohol.
On the contrary, DUI cases take into account many different legal issues and principles that are addressed during the course of a DUI defense to determine whether the prosecutor can prove a DUI case. An attorney can help a person charged with DUI by immediately examining the charging documents; advising the person about their responsibilities; ensuring that they do not miss deadlines to preserve their rights, such as requesting a motor vehicle administration hearing; or potentially in some situations, requesting a trial date on the particular charge.
Additionally, a Maryland DUI attorney helps a person determine other things they can do to prepare for court such as enrolling in an alcohol education program. The attorney can also begin to process the preliminary documents that are provided and request additional discovery or information from the prosecutors or the police department to adequately prepare a defense on the person’s behalf.