My now 18 yr old daughter was arrested as aminor now charged an held on adult charges with no bond does she get to see comissone
4 attorney answers
Maryland law requires that a person charged as an adult have an initial appearance before a commissioner within 24 hours or arrest, but a person may waive the 24 hour requirement. An adult is also supposed to have a bail review by the court on the next court day following the initial appearance. Juvenile court procedure requires an initial appearance before the court or judicial magistrate on the next court day. Courts are closed on weekends and holidays.
Maryland Judiciary Case Search should indicate what has happened in your daughter's case. If law enforcement has violated the law, then perhaps a petition for writ of habeas corpus might help. Ultimately, the law does provide for some defendants to be held without bail.
An experienced criminal defense attorney can help your daughter evaluate her options regarding detention, defenses, and mitigation.
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Your daughter may be eligible for a bond. There are a lot of facts (not in your question) that will aid in giving a clearer answer. The best thing you can do is to speak with her lawyer. The lack of information really precludes any real assistance in this forum.
Please understand, without forming an attorney/client relationship this office is not providing legal advice. We are simply providing general information which should not be acted upon without careful consideration and the assistance of an experienced attorney.
Is she accused of killing someone? If not, In Maryland, bail is supposed to be available, unless there is a life sentence at issue. She should have had a bail review way before this. You can now file for a Writ of Habeas Corpis, essentially, you sue the Warden of the jail and allege that he lacks the legal authority to hold your daughter. There will be a hearing, and you can make a case for bail at that time. This is a matter best considered under the applicable State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. Once you are comfortable with he or she, hire them to represent you. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck! I have changed your area to Criminal Defense so you will get more hits.
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and unless this is a Maryland case, I am not licensed to practice law in your State. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should not rely on this information to make decisions. I urge you instead to consult with a local attorney.