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Session Laws, 1971
Volume 707, Page 1666   View pdf image
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1666                             Laws of Maryland                      [Ch. 765

posted at the District Court level and one for the bonds posted at the
Circuit Court level. The central bail bond clerk shall refund all
monies upon the satisfaction of the conditions of a bond. The central
bail bond clerk shall report periodically to the Circuit Court and to
the District Court the status of all outstanding bonds and the bond
liabilities of all persons engaged in the business of being surety upon
bonds for compensation as set forth in this chapter.

4-9.

(a)  A judge of the Circuit Court, a judge of the District Court or
a commissioner of the District Court, may, unless otherwise pro-
hibited by law or rule of Court in any criminal or motor vehicle
violation, release the defendant on his personal recognizance.

(b)  In all criminal or motor vehicle violations for which bond has
been set, it may be complied with by a defendant or by a private
surety acting in his behalf, by the execution of a bond in the face
amount thereof and depositing with the clerk of the court or the
committing magistrate a sum of money equal to ten (10%) percent
of the penalty of the bond. A judge or commissioner may increase
the percentage of cash surety required in a particular case up to
one hundred (100%) percent but in no event shall a cash deposit
be less than $25.00. This provision
PERMITTING THE POSTING
OF A PERCENTAGE OF THE CASH SURETY REQUIRED does
not apply if the defendant has been arrested for failure to appear
in court or for contempt of court. Upon depositing the sum and
executing the bond, the person shall be released from custody, sub-
ject to the conditions of the said bond. When all conditions of the
bond have been performed without default and the defendant has
been released from custody in the cause for which the bond was
posted, the central bail bond clerk shall return the amount deposited
to the person entitled thereto. If the defendant fails to perform any
or all of the conditions of the bail bond, it shall be forfeited; and in
the event of forfeiture, the liability of the bond shall extend to the
full amount of the penalty of the bond set and the amount previously
posted as a deposit shall be applied to reduce the liability incurred
by the forfeiture.

4-9A.

(a)  Any person who owns real estate in Montgomery County may
post a property bond. Before the clerk of the Circuit Court or his
deputy or the administrative clerk of the District Court or his deputy
shall approve or accept such bond a search of the records of the
circuit court including liens and judgments pertaining to the realty
to be offered as security shall be made by the central bail bond clerk
or his designee. Reasonable court costs may be assessed for such
search to be paid by the person offering the security. In the absence
of negligence
OR WILLFUL DERELICTION no clerk or deputy
shall be personally liable for any loss sustained upon forfeiture of a
property bond. Once the property bond has been posted, the central
bail bond clerk shall record the amount of the bond as a lien against
the real estate of the person offering the security in Montgomery
County.

(b)  Nothing in this chapter shall affect the right of any person to
be his own recognizance upon the posting of proper security.


 

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Session Laws, 1971
Volume 707, Page 1666   View pdf image
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