Is there a Right to Bail in Maryland?
The federal constitution does not require that one be admitted to bail. Experienced Baltimore criminal defense attorneys are likely aware that the Maryland constitution has no “right” to bail, either. Both constitutions guarantee that there shall be no “excessive” bail. While an attorney may argue that “no” bail, in any circumstance, is by definition excessive, as it cannot be met, "no bail" detainers are actually quite common in Baltimore City. The idea here is the protection of the community. If a judge finds that there are no set of conditions placed upon the freedom of an accused that can adequately protect a person or the community generally, that defendant may be held without bail until trial.
-This Article was updated by Eric Kirk on 4/6/20.