Process after a Baltimore Assault Arrest
After an assault arrest is made in Baltimore, Maryland, the individual will usually be processed in Baltimore City and taken to central booking or intake facility. The processing could take from several hours to one day or two.
Once the person is processed, they are interviewed and go before a district court commissioner. They may have their Baltimore assault lawyer present during this proceeding. The commissioner is not a judge; he or she is a public servant who evaluates each case and makes a decision based on a few factors whether or not to release the person or give them a bail. There are two main factors the commission considers when making this decision; whether the person is at risk of flight and the danger to the community if they are released.
Risk of Flight & Danger to Community
When the commissioner evaluates the risk of flight, they look at whether this person ever lived in Maryland and a number of other factors including:
- Have they lived in Maryland all their life?
- Where were they raised?
- Is the person a citizen?
- Do they have a history of failing to appear in court?
These are all factors that help the commissioner determine if the person will show up to court should they be released.
The second factor the commissioner takes into consideration is the danger to the community. Unlike a DUI or a drug possession, in an assault case, there is an alleged victim. Commissioners are hesitant to release someone because if they are released, there is an alleged victim to consider. If the supposed victim is someone the person is domestically related to, there is a concern about what may happen if the person is released.
Common Bail Conditions
Often, when a person is released, there is a requirement that they have no contact with the alleged victim. The person cannot go to their residence even if the residence is in their name if the purported victim lives there. The accused may not be able to their home while the case is pending which could take months.
Also, because of the nature of the assault and how seriously prosecutors and judges take them, commissioners oftentimes require high bonds for the person to be released. The commissioner process is the first step to being released and a person is entitled to have an attorney at the commissioner phase.
Alternatively, a person could be released on their own recognizance after the commissioner hearing, with conditions. They may be precluded from going back to their residence or another location, and not have any contact with the person who is the alleged victim, but they could be released on their own recognizance.
The commissioner could decide to hold the person on a $100,000 bond. That means that in order to procure release, the person’s family and/or friends must either put up the money themselves, use the equity in a Maryland property, or go to a bail bondsman.
If Denied Bond
For a very serious assault offense, the commissioner could deny the accused any bond. In that situation, or if the bond is too high and the person cannot afford it, the next business day there is a bail review in front of a judge who hears the facts.
During the commissioner phase, there is only the commissioner, the defendant, and possibly a prosecutor and/or their Baltimore attorney. At the bail review in front of a judge, a prosecutor is always involved. There is also a pre-trial services representative, the defendant, and an assault attorney for the defendant.
At that point in time, the defendant could argue as to why the bond the commissioner set was too high and should be lowered. If the commissioner decided on no bond, the person can argue why a bond should be set. The judge can decide whether or not to release a person.
When to Contact an Attorney
The very first time a person can contact an attorney is during the commissioner phase. Sometimes, they have an appointed an attorney who is available if you want to use them. However, if you prefer private counsel, it could take a little longer. You could contact an attorney at any time thereafter.