An arrest can leave you frightened and uncertain about the procedures that lie ahead. The first hours often move quickly, and each decision you make may influence your case. This article outlines booking, the commissioner hearing, bail determinations and the court stages that follow.
Booking and processing
Officers convey you to a precinct or the central booking facility, where personnel conduct a search, capture your fingerprints and take your photograph. Administrative processing may extend from several hours to approximately two days.
Police generally need probable cause to arrest you without a warrant under Maryland Code Ann., Crim. Proc. § 2-202. Officers must also advise you of your right to remain silent before they question you in custody. You may wish to avoid discussing the underlying facts until a lawyer is present. Prosecutors could use anything you say during questioning against you later.
Your appearance before a commissioner
Within about 24 hours, you will typically appear to a District Court commissioner, often by video. The commissioner is not a judicial officer, yet this individual might undertake the following functions:
- Review probable cause: Decides whether the charges have support
- Explain the charges: Covers penalties and your right to an attorney
- Set release terms: Weighs flight risk and danger to the community
Release could take the form of recognizance, pretrial supervision or a cash bond. The commissioner may also deny bail altogether.
Bail review hearing
You may remain detained or receive a bond you cannot afford. A judge can then conduct a bail review on the next business day. A prosecutor and a pretrial services representative attend, and your attorney can argue for a lower bond.
Release often carries conditions. A judge or commissioner may order no contact with an alleged victim. That order could bar you from your own residence while the case continues.
Court proceedings after bail
The District Court hears misdemeanors, traffic cases and certain felonies. The Circuit Court handles serious felonies. You may request a jury trial if the charge carries a penalty exceeding 90 days in prison. Otherwise a judge decides your case at a bench trial.
Why these steps matter
An arrest progresses from booking to a commissioner hearing, then to bail review and court. Understanding each stage can help you protect your rights and avoid costly missteps. If your situation becomes more complicated, a lawyer may help you understand your options.