§ 5-208. Forfeiture of bail or collateral for failure of defendant to appear
West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2011
Effective: October 1, 2011
MD Code, Criminal Procedure, § 5-208
§ 5-208. Forfeiture of bail or collateral for failure of defendant to appear
(a) In this section, “return” means to place in the custody of a police officer, sheriff, or other commissioned law enforcement officer who is authorized to make arrests within the jurisdiction of the court.
(b)(1) Subject to paragraph (2) of this subsection, a court that exercises criminal jurisdiction shall strike out a forfeiture of bail or collateral and discharge the underlying bail bond if the defendant can show reasonable grounds for the defendant's failure to appear.
(c) Evidence of confinement of a fugitive defendant in a correctional facility in the United States is a wholly sufficient ground to strike out a forfeiture, if assurance is given that the defendant will come back to the jurisdiction of the court on expiration of the sentence at no expense to the State, county, or municipal corporation.
(d)(1) Except as provided in paragraph (2) of this subsection, if the court indefinitely postpones trial of a criminal charge by marking the criminal charge “stet” on the docket:
(e)(1) A court exercising criminal jurisdiction may not order a forfeiture of the bail bond or collateral posted by a surety and shall give back the bail bond or collateral to the surety if:
(2) Subject to paragraph (3) of this subsection, a court exercising criminal jurisdiction that has ordered forfeiture of a bail bond or collateral after expiration of the time limits established under subsection (b) of this section for a surety to return a defendant shall give back the forfeited bail bond or collateral if, within 10 years after the date the bail bond or collateral was posted, the surety produces evidence that:
(3)(i) Subject to subparagraph (ii) of this paragraph, the court may not refund a forfeited bail bond or collateral to a surety under this subsection unless the surety paid the forfeiture of bail or collateral within the time limits established for the surety to return the defendant under subsection (b)(2)(i) of this section.
Credits
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2011, c. 598, § 1, eff. Oct. 1, 2011.
Formerly Art. 27, § 616 ½.
MD Code, Criminal Procedure, § 5-208, MD CRIM PROC § 5-208
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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