Current with changes from the 2024 Legislative Session
Section 5-211 - Failure to surrender after forfeiture of bail or recognizance(a) If a person has been charged with a crime and admitted to bail or released on recognizance and the person forfeits the bail or recognizance and willfully fails to surrender, a bench warrant shall be issued for the person's arrest.(b)(1) On issuing a bench warrant under subsection (a) of this section, a judge may also set a bond in the case.(2) If a person against whom a bench warrant has been issued posts a bond that has been set by a judge under paragraph (1) of this subsection: (i) a judicial officer shall mark the bench warrant satisfied; and(ii) the court shall reschedule the hearing or trial.(c) A person who has been admitted to bail or released on recognizance in a criminal case in the State and who willfully fails to surrender within 30 days after the date of forfeiture is guilty of a misdemeanor and on conviction is subject to: (1) a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both, if the bail or recognizance was given in connection with a charge of a felony or pending an appeal, certiorari, habeas corpus, or postconviction proceeding after conviction of any crime; or(2) a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both, if the bail or recognizance was given in connection with a charge of a misdemeanor, or for appearance as a witness.(d) This section does not diminish the power of a court to punish for contempt.(e) A person who is prosecuted under subsection (c)(1) of this section is subject to § 5-106(b) of the Courts Article regarding the exemption from the statute of limitations for the institution of prosecution and the right of in banc review.Amended by 2015 Md. Laws, Ch. 402,Sec. 1, eff. 10/1/2015.