Section 3-704 - Inquiry into legality of detention and release or remand. - Maryland Statutes

§ 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.]