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Rule 4-349 – Release After Conviction

May 13, 2021 | Criminal Prodcedure, Maryland

(a) General Authority. After conviction the trial judge may release the defendant pending sentencing or exhaustion of any appellate review subject to such conditions for further appearance as may be appropriate. Title 5 of these rules does not apply to proceedings conducted under this Rule.
(b) Factors Relevant to Conditions of Release. In determining whether a defendant should be released under this Rule, the court may consider the factors set forth in Rule 4-216.1(f) and, in addition, whether any appellate review sought appears to be frivolous or taken for delay. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant.
(c) Conditions of Release. The court may impose different or greater conditions for release under this Rule than had been imposed upon the defendant before trial pursuant to 4-216, Rule 4-216.1, 4-216.2, or 4-216.3. When the defendant is released pending sentencing, the condition of any bond required by the court shall be that the defendant appear for further proceedings as directed and surrender to serve any sentence imposed. When the defendant is released pending any appellate review, the condition of any bond required by the court shall be that the defendant prosecute the appellate review according to law and, upon termination of the appeal, surrender to serve any sentence required to be served or appear for further proceedings as directed. The bond shall continue until discharged by order of the court or until surrender of the defendant, whichever is earlier.
(d) Amendment of Order of Release. The court, on motion of any party or on its own initiative and after notice and opportunity for hearing, may revoke an order of release or amend it to impose additional or different conditions of release. If its decision results in the detention of the defendant, the court shall state the reasons for its action in writing or on the record.

Md. Crim. Causes. 4-349

This Rule is derived as follows:

Section (a) is derived from former Rule 776 a and M.D.R. 776 a.

Section (b) is derived from former Rule 776 c and M.D.R. 776 c.

Section (c) is derived from former Rules 776 b and 778 b and M.D.R. 776 b and M.D.R. 778 b.

Section (d) is new.

Adopted as Rule 4-349, April 6, 1984, eff. July 1, 1984. Renumbered as Rule 4-349, Nov. 22, 1989, eff. Jan. 1, 1990. Amended Dec. 15, 1993, eff. July 1, 1994; Nov. 12, 2003, eff. Jan. 1, 2004; June 16, 2009, eff. June 17, 2009; June 11, 2012, eff. June 12, 2012; May 27, 2014, eff. July 1, 2014; February 16, 2017, eff. July 1, 2017.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order, in section (b), substituted “Rule 4-216 (e)” for “Rule 4-216 (f)”.

2009 Orders

The June 16, 2009, corrected a reference to a section of Rule 4-216.

2012 Orders

The June 11, 2012, order, amended an internal reference to conform to the relettering of Rule 4-216; added a reference to Rule 4-216.1; and made stylistic changes.

2014 Orders

The May 27, 2014 order added internal references to Rule 4-216.2 in (c).

2017 Orders

The February 16, 2017 order, revised internal references.