Legal Question in Criminal Law in Maryland
A warrant was put out for my son who is on probation for marijuana because they said he failed to get a DNA test. Once he turned himself in, he was told that since the judge issued the warrant the day before he left on a months vacation, he would have to wait until the judge returned or maybe next week another judge would be assigned. Does he have to wait?
2 Answers from Attorneys
He does not have to wait. He can file a writ of Habeas Corpus and have a hearing in 3 days.
He is supposed to have a bail review, unless he has already had it. He may request another one only if circumstances have changed, since the first one. Otherwise he may petition for a Writ of Habeas Corpus. However, habeas involves a filing fee with the court. Consider whether the first bail review violated the law in some way, or whether the habeas petition has a decent chance of success before spending the money.
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