2010 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 3 - COURTS OF GENERAL JURISDICTION - JURISDICTION/SPECIAL CAUSES OF ACTION
Subtitle 7 - Habeas Corpus
Section 3-704 - Inquiry into legality of detention and release or remand.
§ 3-704. Inquiry into legality of detention and release or remand.
(a) Inquiry.- On return of a writ of habeas corpus and production of a person and cause of his detention before a judge, the judge shall immediately inquire into the legality and propriety of the confinement or detention.
(b) Release or discharge.- If it appears to the judge that the person is detained without legal warrant or authority, he shall release or discharge the person immediately.
(c) Remand to custody or admission to bail.- If the judge considers the detention lawful and proper, the person shall be:
(1) Remanded to custody; or
(2) Admitted to bail.
(d) Taking recognizance for appearance before court.- If the person is admitted to bail, the judge shall take a recognizance for his appearance in court and transmit it to a court having jurisdiction over the offense charged.
[An. Code 1957, art. 42, § 14; 1973, 1st Sp. Sess., ch. 2, § 1.]
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