Arrested! Should you post bond or wait?

Posted almost 2 years ago. Applies to Maryland, 1 helpful vote

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Mrs. Noluck gets a telephone call in the middle of the night, Neumann, her 39 year-old son, is calling collect from a detention facility. She accepts the charges to hear the following: "Mom, I didn't do it. They have me here on a $100,000.00 bond. GET ME OUT!" The call ends. What should mom do?

Maryland law mandates that a bond must be reviewed by the court by the next court session following your arrest. Having an attorney exponentially increases your likelihood of release. This is referred to as a "bond review." These are the reasons why Neumann should wait for 12 to 24 hours:

Neumann has been arrested for disorderly conduct on Saturday night. After seeing the commissioner, he is held over on bond (and calls his mom), and is committed to the local jail until Monday, when he will see a judge regarding his bond.

Neumann Noluck’s Bond: $100,000.00 Mom has two choices: 1. Post the bond, which in most cases means contracting with a surety (bondsman), and paying a fee (max 10% of the gross bond), which you do not get back, but you will be released within hours of posting bond. Thus, mom writes a check to the very happy bondsman (10%) in the amount of $10,000.00; or, 2. Mom can wisely wait until bail review on Monday morning, and engage an attorney to convince a judge to release or reduce the bond; hence, reducing or eliminating bondsman’s fee. Most attorneys will charge a flat rate in the amount of $250 to $1,000 for bail review in district court.

SUMMARY:

Unless Neumann makes more than $10,000 per day, waiting until Monday is the wise choice. In our example, mom will save a huge amount of money (worst case) and Neumann will be all the wiser on Monday morning:

· If RELEASED on "P.R." (personal recognizance) mom saved $9,000.00 (bondsman's fee minus the attorney's fee); or, (worst case)

· If the bond was only reduced to $50,000.00, then even after paying bondsman’s fee (10%) ($5,000.00) and attorney fee ($1,000.00), mom still saved $4,000.00

Attorneys can neither be affiliated with nor can recommend any surety or bondsman.

Most attorneys are available for a free no obligation consultation by telephone after-hours and on the weekends. For more information, please call me at (410)286-1220 or (443)623-6905 (after-hours).

Please be advised that this legal guide does not constitute legal advice. For legal advice regarding specific bond related issues, please contact my office.

Additional Resources

Richard A. Simmons

Criminal Defendant DC/CR 2 BR (Rev. 12/2003)

Property Bail Bondsmen Information

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