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Session Laws, 1971
Volume 707, Page 876   View pdf image
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876                             Laws of Maryland                      [Ch. 423

full penalty amount and by depositing with the clerk of the Court or
a Commissioner a sum of money equal to 10% of the penalty amount
or $25, whichever is greater. A judge may increase the percentage of
cash surety required in a particular case but in no event shall a cash
deposit be less than $25.00. This paragraph does not apply if the
defendant has been arrested for failure to appear in court or for
contempt of court.

(iii) Upon depositing the sum provided in paragraph (ii) hereof
and executing the recognizance, the defendant shall be released from
custody subject to the conditions of the bail bond. When all conditions
of the bond have been performed without default and the defendant
has been discharged from all obligations in the cause for which the
recognizance was posted, the clerk of the court shall return the
amount deposited to the person or private surety who first deposited
it.

(iv) 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 bond
set and the amount previously posted as a deposit shall be applied to
reduce the liability incurred by the forfeiture.

(v) In all cases every District Court judge shall have the dis-
cretionary power to strike out the forfeiture of bond or collateral if
the defendant can show reasonable grounds for his non-appearance.

(7)    Writs. Every District Court judge shall have the power to
issue writs of habeas corpus ad testificandum, writs of habeas corpus
ad prosequendum, and writs of error coram nobis.

(8)    Appointment of Counsel. Every District Court judge shall
have the power to appoint counsel to represent indigent defendants
within the jurisdiction of the court and shall have the authority to
grant fees to said attorneys as prescribed by law or rule, which shall
be paid by the State of Maryland.

(9)    Alcoholics and Mental Cases. Every District Court judge
shall have the power and authority to commit persons suffering from
acute or chronic alcoholism or who are habitually addicted to narcotic
drugs, to one of the State hospitals for evaluation, treatment and
observation under such terms and conditions as he may determine,
and every District Court shall be held to be included within the term
"court" as used in Article 50 59, subtitle "Insanity as a Defense in
Criminal Cases" of the Annotated Code of Maryland, 1957 Edition, as
amended; and each judge of the District Court shall have the same
power and authority exercised by any judge of the circuit court for
the purposes set forth in those sections, including the determination
of competency to stand trial of any person charged with the commis-
sion of any crime within the jurisdiction of the court.

(10)    Sentencing. Notwithstanding any other provision of law,
every District Court judge shall have the power in those cases
described in paragraphs (b) (1) and (b) (2) of this Section 145 [144]
to sentence any defendant to confinement for the period or periods of
time prescribed by law or by the statute or ordinance creating the
offense, and to impose any fine authorized by law or by said statute
or ordinance.

 

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Session Laws, 1971
Volume 707, Page 876   View pdf image
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