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Md.'s Bail System: Presumed Innocent By Law, Locked Up By Income

BALTIMORE (WJZ) -- In Maryland, people pay tens of millions of dollars every year to get out of jail.

But tens of thousands of others who don't have the cash? They stay locked up.

"Those who have the resources can buy their way out of jail, and those that are poor have to sit in jail until their trial," says Paul B. DeWolfe Maryland's chief public defender.

A study by his office found there 46,000 Marylanders since 2011 could not pay for bail.

Those who could were charged a total of 256 million, and 75 million of that ended in no criminal convictions.

"And they owe that money whether they're ever convicted, if the state's attorney drops the case," according to study author Ethan Frenchman. "They still owe the money no matter what."

The money bail system lets a judge or magistrate set the bail, creating two very different outcomes depending upon a defendant's income.

"It's irrational, it is morally indefensible, and it is illegal," Frenchman says.

A change in policy could take the form of something called an unsecured bond.

"And that means the amount of money would be put on the bail, but they wouldn't have to pay unless they don't show up," according to Frenchman.

That option could free more awaiting trial who are presumed innocent by law, but are locked up by income. However, it would take a ruling by the State Court of Appeals.

The decision could come before the end of the year.

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