As a Maryland Criminal Lawyer/Attorney I frequently handle cases involving Domestic Violence Assaults. I was hired yesterday to represent an individual who is charged with a domestic violence second degree assault. He was arrested on Monday and then taken to the Court Commission who set the bail at $25,000. Unfortunately, his family did not get him bailed out prior to his bail review the next morning. Many people are not aware but a Judge can not only decrease a person’s bail at the bail review, the judge can also INCREASE THE BAIL.
This is exactly what happened in this particular case. The judge not only increased his bail, she ordered him to be held without bail. This is the second time that I have seen this happen in the last few weeks on relatively minor cases. I blogged about a client who was ordered to be held without bail by a judge in a DUI/DWI case last week in Baltimore City District Court. As in that case the client’s only option is to file a petition for habeas corpus bail review in the Circuit Court for Baltimore County and try to convince a Circuit Court Judge that holding a person who is charged with a misdemeanor assault without bail is unreasonable and amounted to an abuse of the District Court Judge’s discretion, which I certainly think is the case here.
However, these motions take at least a week to get into court so even if we are successful in getting the bail reduced, which I believe we will be, the client will have to remain in jail for that week. This may cause him to lose his job or have other serious consequences for him. This case is yet another example of why people who are charged with criminal or serious traffic charges need to get representation as soon as they are arrested so their rights can be protected. An experienced Maryland Criminal Lawyer would likely have been able to have prevented the bail from being revoked in this case which would have saved this individual from spending a week or more in prison on a case in which he is unlikely to be incarcerated even if convicted.