Baltimore, MD asked in Criminal Law for Maryland

Q: After being held for 4 months, why would one codefendant be held and the otherbe released on recognizance in Maryland?

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1 Lawyer Answer

A: Rather than expect a long list of hypothetical reasons, I suggest that you add more factual circumstances and context to your question, as it is impossible to answer that question in a vacuum. Release on bond is based on many factors having to do with the nature and seriousness of the charges, the defendant's alleged involvement and culpability, the safety of the public, the risk of the particular defendant to flee justice, and the personal details of the defendant (age, education, employment, family ties to the community, past criminal history, past prior failures to appear at scheduled court dates, whether the defendant has retained private counsel or not, etc, etc.). Sometimes, one defendant has cut a deal to testify against their co-defendant, and their release is in connection with that deal. Other times it is simply a function of their lawyer presenting a better argument and more persistent effort to secure release on bond. Or the two defedants drew different judges for bond review, each one of whom views the concept of release on bond through a different lens, one being more open to release pending trial and the other more concerned about the risk to public safety.

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