§ 5-101. Release on personal recognizance  


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  •    (a) Construction of section. -- This section shall be liberally construed to carry out the purpose of relying on criminal sanctions instead of financial loss to ensure the appearance of a defendant in a criminal case before verdict or pending a new trial.

    (b) In general. --

       (1) Except as provided in subsection (c) of this section, if, from all the circumstances, the court believes that a minor or adult defendant in a criminal case will appear as required for trial before verdict or pending trial, the defendant may be released on personal recognizance.

       (2) A failure to appear as required by personal recognizance is subject to the penalties provided in § 5-211 of this title.

    (c) Exceptions. -- A defendant may not be released on personal recognizance if the defendant is charged with:

       (1) a crime listed in § 5-202(d) of this title after having been convicted of a crime listed in § 5-202(d) of this title; or

       (2) a crime punishable by life imprisonment without parole.


HISTORY: An. Code 1957, ch. 27, § 616 1/2(d), 638A(a), (b), (c); 2001, ch. 10, § 2; ch. 35; 2002, ch. 19, § 1; 2013, ch. 156, § 3.