Bench Warrant Bond Review

Summary

In Maryland, during a bond review for a bench warrant due to failure to appear, the judge will consider the nature of the offense, prior record, likelihood of appearing at future court dates, and public safety concerns. Given its her second offense, these factors could influence whether she remains in jail. Potential legal defenses include justifiable excuses or miscommunication. The total sentence for failure to appear and a first DWI offense can include up to 90 days in jail and fines. Probation Before Judgment (PBJ) might still be possible depending on the circumstances.

Full Conversation

My girlfriend got arrested for a bench warrant for failure to appear this is her second offense and I was wondering what is going to happen at bond review she is being held without bond and am thinking she will not be released
Hi John,
To provide better information, could you please specify your location or the location where your girlfriend was arrested? This will help in understanding the applicable laws and procedures.
Thank you.
Md
Hi John,
In Maryland, during a bond review for a bench warrant due to failure to appear, the judge will consider:
- Nature of the offense.
- Your girlfriend's prior record, including the previous failure to appear.
- Likelihood of her appearing at future court dates.
- Public safety concerns.

Maryland District Court~
Website: https://www.courts.state.md.us/district
Would you like more details on the bond review process?

Ok so is it likely she will remain in jail
Hi John,
Given that it's her second offense for failure to appear, the judge might consider the following factors during the bond review:
- Seriousness of the offense.
- Her previous failure to appear.
- Risk of her not appearing in future court dates.
- Public safety concerns.
While I can't predict the judge's decision, these factors could influence whether she remains in jail.
Would you like to know more about potential legal defenses or next steps?
Yes
Hi John,
Here are some potential legal defenses and next steps:
- **Legal Defenses:**
- **Justifiable Excuse:** If she had a legitimate reason for missing the court date (e.g., medical emergency).
- **Mistake or Miscommunication:** Proving there was a misunderstanding about the court date.
- **Next Steps:**
- **Consult an Attorney:** An attorney can provide specific advice and represent her in court.
- **Gather Evidence:** Collect any documents that explain why she missed her court date.
- **Prepare for Court:** Be ready to present her case effectively.
Would you like information on finding an attorney in Maryland?
No
Hi John,
In that case, if you have any other questions or need further assistance regarding your girlfriend's situation, please feel free to ask. I'm here to help.
Also forgot her pretrial release was revoked
Hi John,
If her pretrial release was revoked, it typically means she violated the conditions set by the court. This could influence the judge's decision during the bond review, making it more likely she remains in jail. Would you like more information on what might happen next or steps you can take?
So based on the above what do you think the outcome will be
Hi John,
Given the information you've provided, the factors that might influence the judge's decision include:
- Her history of failure to appear.
- The revocation of her pretrial release.
- The nature and seriousness of the initial offense.
- Public safety concerns.
While these factors could make it more likely that she remains in jail, only the judge can make the final determination.
Would you like to know more about the hearing process or other legal options?
Yes
Hi John,
~Maryland District Court~
Website: [Maryland District Court](https://www.courts.state.md.us/district)

Here's more about the hearing process and legal options:
- **Hearing Process:**
- **Initial Hearing:** The judge reviews the charges and prior offenses.
- **Evidence Presentation:** Both sides can present evidence and arguments.
- **Judge's Decision:** Based on the presented information, the judge sets the bond or decides on continued detention.
- **Legal Options:**
- **Appeal Bond Decision:** If the bond decision is unfavorable, you can appeal.
- **File a Motion:** Request a reconsideration of bail with new evidence or circumstances.
Would you like details on how to appeal or file a motion?
Yes
Hi John,
Here are details on how to appeal or file a motion:
- **Appeal Bond Decision:**
- **File Notice of Appeal:** Submit a notice to the court indicating your intention to appeal the bond decision.
- **Prepare Appeal Brief:** Outline the reasons why the bond decision should be reconsidered, including any legal errors or new evidence.
- **File a Motion:**
- **Motion for Reconsideration:** Submit a motion to the court requesting a review of the bond decision, highlighting new evidence or changes in circumstances.
- **Supporting Documents:** Include any pertinent documents that support your request for reconsideration.
Would you like assistance on how to draft these documents or more information on the appeal process?
Ok
Hi John,
To assist you further, here are some steps for drafting the documents for an appeal or motion:
- **Drafting Notice of Appeal:**
- **Header:** Include court name, case number, and party names.
- **Content:** State your intention to appeal the bond decision, date of the original decision, and grounds for appeal.
- **Sign and Date:** Ensure it's signed and dated by the appellant.
- **Drafting Motion for Reconsideration:**
- **Header:** Include court name, case number, and party names.
- **Content:** Detail the reasons for requesting reconsideration, new evidence, or changes in circumstances.
- **Supporting Documents:** Attach any relevant documents that support your motion.
- **Sign and Date:** Ensure it's signed and dated by the filer.
Would you like more detailed templates or further assistance on completing these documents?
Can I ask a new question
Of course, John. What new question would you like to ask?
What is the total sentence for failure to appear plus dwi
Hi John,
The total sentence for failure to appear and a DWI (Driving While Intoxicated) in Maryland can vary based on several factors. Here are the potential penalties:
- **Failure to Appear:**
- Up to 90 days in jail
- Fine up to $*
- **DWI (First Offense):**
- Up to 1 year in jail
- Fine up to $*,*
- License suspension
These sentences may be influenced by her criminal history and the specifics of her case. Would you like more information on how these factors might affect her sentencing?
I thought dwi was 90 days max
Hi John,
In Maryland, the penalties for DWI can indeed vary. Here are the specifics for a first offense:
- **DWI (Driving While Impaired):**
- Up to 60 days in jail
- Fine up to $*
- **DUI (Driving Under the Influence):**
- Up to 1 year in jail
- Fine up to $*,*
Would you like more information on the differences between DWI and DUI or other related topics?
Ok so since it was her first dwi what would be the total sentence now
Hi John,
For a first DWI offense in Maryland, the potential penalties are:
- **Up to 60 days in jail**
- **Fine up to $***
- **Potential license suspension**
Would you like more information on mitigating factors or how to potentially reduce the sentence?
I mean for both dwi and failure to appear
Hi John,
For both a first DWI offense and failure to appear in Maryland, the potential penalties are:
- **Failure to Appear:**
- Up to 90 days in jail
- Fine up to $*
- **DWI (First Offense):**
- Up to 60 days in jail
- Fine up to $*
- Potential license suspension
Would you like more information on mitigating factors or how to potentially reduce the combined sentence?
Is there still a possibility of PBJ given she has two ftas.
Hi John,
In Maryland, a Probation Before Judgment (PBJ) might still be possible even with two failure-to-appear (FTA) offenses. However, it depends on several factors:
- **Severity of the Offenses:** Judges consider the nature of the DWI and FTAs.
- **Circumstances:** Any justifiable reasons for FTAs.
- **Legal Representation:** An attorney can argue for PBJ effectively.
Would you like information on how to request a PBJ or legal representation options?
Yes
Hi John,
Here is how you can request a Probation Before Judgment (PBJ) in Maryland:
- **Request PBJ:** You or your attorney can request PBJ during the court hearing.
- **Present Mitigating Factors:** Highlight any mitigating circumstances (e.g., reasons for FTAs).
- **Good Behavior:** Emphasize her willingness to comply with court conditions.
Would you like to know more about finding an attorney who can assist with this process?
Ok so based on the above what do you think the final outcome will be
Hi John,
Given the circumstances—DWI, two FTAs, and the revocation of pretrial release—the outcome could be influenced by multiple factors:
- **Severity of Offenses**: Both DWI and FTAs are considered.
- **Mitigating Factors**: Any justifiable reasons for the FTAs.
- **Legal Representation**: Effective argument for PBJ.
While it’s difficult to predict, the judge will weigh these factors. Would you like more detailed information on preparing for the hearing?
No just want clarification on the outcome
Hi John,
Given the circumstances, the judge will consider the following:
- **DWI First Offense**: Up to 60 days in jail, fine up to $*, potential license suspension.
- **Failure to Appear**: Up to 90 days in jail, fine up to $*.
The judge will weigh the severity of the offenses, reasons for FTAs, and any mitigating factors. An attorney can improve the chances for a more favorable outcome, such as PBJ.
Would you like more information on how to prepare for the hearing?
Yes
Hi John,
Here’s how you can prepare for the hearing:
- **Gather Documentation:**
- Collect any medical records, communication records, or other documents that explain the reasons for the FTAs.

- **Character References:**
- Obtain letters from employers, community members, or family to attest to her character.

- **Legal Representation:**
- Consider hiring an attorney to advocate for PBJ or a reduced sentence.
Would you like more details on finding an attorney or tips on gathering documentation?
No
If you have any other specific questions or need additional assistance, feel free to ask. I'm here to help.
Ok so what is the minimum jail time for failure to appear
Hi John,
In Maryland, the minimum jail time for failure to appear is:
- **Failure to Appear**: Up to 90 days in jail.
Would you like more information on potential defenses or steps to take next?
Can the sentence be less than 90 days
Hi John,
Yes, the judge has discretion to impose a sentence less than 90 days for failure to appear, depending on the circumstances and any mitigating factors presented.
Would you like more information on how to present mitigating factors effectively in court?