The bail process in Maryland could become much simpler thanks to new rules proposed by a judiciary committee on Jan. 22. However, critics say the simplified process is only designed to save the state money and could actually result in longer stays in jail for some accused individuals.
The proposed changes stem from a September 2013 ruling from the Maryland Supreme Court that said that all defendants should have access to public defenders at their initial bail hearing. Under the current bail process in Maryland, defendants typically face two bail hearings. In the first, they may face court commissioners, who are available 24 hours a day, seven days a week. That extended availability allows some defendants to make bail without ever seeing the inside of a jail.
Under the new proposal, the two hearings would be combined into one. However, that one hearing would be before a judge rather than a court commissioner. Judges only work normal business hours, which means there would be considerably less availability for bail hearings. Critics of the proposal say that would mean many defendants would have to spend substantial time in jail as they waited for a judge to have an opening.
Critics of the proposal say it’s driven by costs. Court commissioners currently oversee more than 180,000 bail hearings every year. Analysts estimate that approximately 250 public defenders would have to be hired to meet the new representation requirements under the current bail process in Maryland. That could cost the state $28 to $30 million dollars. By combining the process into one hearing, the state could save nearly $22 to $24 million.
However, supporters of the Supreme Court’s ruling say the benefit is worth the cost. The ruling came as the result of a class-action lawsuit that was filed in 2006 on behalf of poor defendants in Baltimore. Plaintiffs’ attorneys said in the suit that the current system denied basic representation rights to indigent defendants. A University of Maryland law professor who had fought against the bail process in Maryland for nearly 15 years said that the old process was a violation of Maryland defendants’ constitutional rights.
If you’re arrested for a crime in Maryland, it’s always advisable to have an attorney present from the very beginning of the process. A bail hearing may at first glance seem like a simple proceeding. However, there are numerous variable factors that could complicate a bail ruling and could possibly result in jail time that is longer than necessary.
An experienced criminal defense attorney can make sure your rights are represented at all points in the process, including the bail hearing. The attorney can also work with the court to make sure your bail hearing is scheduled in a timely manner. Under the new system, public defenders may be in short supply, so it may be beneficial for you to obtain your own representation as early in the process as possible.
