Even though the demonstrators were released, police commissioner Anthony Batts said at a Wednesday news conference that the protesters could be prosecuted in the future. Baltimore Deputy Public Defender Natalie Finegar told The Los Angeles Times that many of those detained shouldn't face any kind of prosecution because they weren't doing anything illegal.
Those released represent less than half of the 235 individuals who were arrested during the protests on Monday. Maryland Gov. Larry Hogan (R) on Wednesday also suspended a rule that required individuals who were arrested without warrants to be presented to a judge if they had not been formally charged within 24 hours.
Police spokesman Eric Kowalcyzk said during a press conference Wednesday that police had been unable to file formal charges quickly because they were dealing with emergencies in the city, according to the Los Angeles Times.
The demonstrators' release came after city public defenders complained that the protesters were being held in harsh conditions and that courts were unable to handle the workload of cases.
Finegar told The Guardian that 82 habeas corpus petitions had been filed on behalf of protesters who had not been charged on Wednesday.