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§ 3-704. Review of confinement or detention

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 7. Habeas Corpus (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 3-704
§ 3-704. Review of confinement or detention
Currentness
Legality and propriety of confinement
(a) On return of a writ of habeas corpus and production of a person and cause of his detention before a judge, the judge shall immediately inquire into the legality and propriety of the confinement or detention.
Detentions without legal warrant or authority
(b) If it appears to the judge that the person is detained without legal warrant or authority, he shall release or discharge the person immediately.
Detentions found lawful and proper
(c) If the judge considers the detention lawful and proper, the person shall be:
(1) Remanded to custody; or
(2) Admitted to bail.
Individuals admitted to bail
(d) If the person is admitted to bail, the judge shall take a recognizance for his appearance in court and transmit it to a court having jurisdiction over the offense charged.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974.
Formerly Art. 42, § 14.
MD Code, Courts and Judicial Proceedings, § 3-704, MD CTS & JUD PRO § 3-704
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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