Monday, January 4, 2010

Bail Agent's Arrest Authority

These are [MD Rules, Rule 4-217(h)]

A surety on a bail bond who has custody of a defendant may procure the discharge of the bail bond at any time before forfeiture by:

delivery of a copy of the bond and the amount of any premium or fee received for the bond to the court in which the charges are pending or to a commissioner in the county in which the charges are pending who shall thereupon issue an order committing the defendant to the custodian of the jail or detention center; and
delivery of the defendant and the commitment order to the custodian of the jail or detention center, who shall thereupon issue a receipt for the defendant to the surety.
Unless released on a new bond, the defendant shall be taken forthwith before a judge of the court in which the charges are pending.

On motion of the surety or any person who paid the premium or fee, and after notice and opportunity to be heard, the court may by order award to the surety an allowance for expenses in locating and surrendering the defendant, and refund the balance to the person who paid it. [MD Rules, Rule 4-217(h)]

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