§ 5-211

Maryland § 5-211

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 5

Text

(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.

(b) (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.