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Code · Maryland · Criminal Procedure

§ 5-211

294 words·~1 min read·/md/criminal-procedure/5-211

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§5–211.
(a)If a person has been charged with a crime and admitted to bail or released on recognizance and the person forfeits the bail or recognizance and willfully fails to surrender, a bench warrant shall be issued for the person’s arrest.
(1)On issuing a bench warrant under subsection
(a)of this section, a judge may also set a bond in the case.
(2)If a person against whom a bench warrant has been issued posts a bond that has been set by a judge under paragraph
(1)of this subsection:
(i)a judicial officer shall mark the bench warrant satisfied; and
(ii)the court shall reschedule the hearing or trial.
(c)A person who has been admitted to bail or released on recognizance in a criminal case in the State and who willfully fails to surrender within 30 days after the date of forfeiture is guilty of a misdemeanor and on conviction is subject to:
(1)a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both, if the bail or recognizance was given in connection with a charge of a felony or pending an appeal, certiorari, habeas corpus, or postconviction proceeding after conviction of any crime; or
(2)a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both, if the bail or recognizance was given in connection with a charge of a misdemeanor, or for appearance as a witness.
(d)This section does not diminish the power of a court to punish for contempt.
(e)A person who is prosecuted under subsection (c)(1) of this section is subject to § 5–106(b) of the Courts Article regarding the exemption from the statute of limitations for the institution of prosecution and the right of in banc review.
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