Legal Question in Criminal Law in Maryland

bench warrent

I have a friend that left the state of Maryland to see his mother who at the time was very ill, and he did not contact his probation officer and has been arrested on a failure to appear and a Body Attachment .I am wondering what the difference is, if any between a BENCH Warrent and a Body Attachment. Also how long does the state of Maryland have to exterdite someone from another state for a probation violation? what happens next?

Can a bail be posted for either a BENCH Warrent or Body Attachment? Thank You. dals


Asked on 8/19/02, 6:56 pm

1 Answer from Attorneys

Re: bench warrent

There is basically no difference between a bench warrant and a body attachment. It is an arrest in either case. On a violation of probation Maryland seldom will extradite, however, that means your friend cannot return to Maryland without fear of being arrested any time on the warrant or attachment. As a general rule, Maryland Courts, at least in Baltimore City, Baltimore, Harford, Cecil, Anne Arundal, and Carroll Counties do not issue a bench warrant or body attachment on a violation of probation unless you already missed a court date. Your friend should contact an attorney immediately, me for example, to protect his interest. The original jail sentence can be imposed for violation of probation.

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Answered on 8/19/02, 7:09 pm


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