Imagine that you have been arrested for a crime in Massachusetts. While out on bail, you’ve gotten in trouble again and were arrested for another crime. Under Massachusetts law, you can be held in jail for up to ninety days in this situation. This is considered bail revocation.
Massachusetts can choose to revoke your bail if you have been released on bail for one crime and then charged again for a second. If the state chooses to hold you in jail for up to ninety days, which they are entitled to do, you lose the right to bail and will have to do the time no matter what.
If this happens, it means that the prosecutor needs to request a bail revocation at your initial court hearing for the new (second) charge. It is ultimately the judge’s decision to decide whether or not you should be held in jail without the right to bail, or if bail can be set on the new case.
Read on to learn more about bail and the process of bail revocation. If you are facing a situation that involves bail revocation, you need the help of a lawyer right away. Contact Toland Law to schedule a criminal case evaluation to discuss your charges with an attorney who cares.
What Is Bail?
The definition for bail is as follows: “Cash or a bond given to the court by a prisoner to secure conditional release from custody. The prisoner promises to return for judicial proceedings at a later time. A failure to return triggers the bond obligation and allows the court to keep any money given as security.”
What Would Make A Judge Decide To Revoke Your Bail?
When deliberating on whether or not your bail should be revoked for the second charge, the judge will factor in three aspects of your case. First, were you given a bail warning regarding your first charge? Second. Was there probable cause to believe that you did, in fact, commit this second charge? Lastly, would your release endanger the community or someone in particular?
If it seems like you would be a harm to others if you were released back into the public, it is unlikely that you will have the opportunity to be released on bail. In these situations, the prosecutor will likely only present the police report, and maybe your criminal record, before a judge. In these situations, witnesses or a jury are typically not called.
The judge can revoke your bail even if you’re out on bail out of a different court. This means if you’re released on a charge in one county and get arrested in another, the judge in the first county can revoke your bail in the second and vice versa.
Can Bail Revocation Be Appealed In Massachusetts?
If the judge does decide to revoke your bail, this decision cannot typically be appealed and sent to a higher court to be reviewed. It is rare that a bail revocation can be appealed. In any case, you need to contact a lawyer right away in order to understand what penalties you may be facing. Standing up against two criminal charges by yourself can be difficult, and you may be facing penalties that could change your life forever if you don’t get the help you need from a talented, hard working Boston criminal defense lawyer.
What Should I Do If I’m Facing A Bail Revocation?
If you have been charged with a criminal act in Suffolk County, you need to speak with the accomplished legal team from Toland Law, LLC at once. Our attorneys have helped countless clients successfully fight their criminal charges and are ready to stop at nothing to fight for you as well. With a reputation for aggressively representing defendants in court, we know what it takes to get the best results possible for your case.
If you are facing a bail revocation, you need to act fast and contact a lawyer to defend you. The longer you wait to work with a lawyer, the greater the risk of you succumbing to the highest penalty possible for your crimes.
If you have been charged with committing a criminal act, it is very important to work with a skilled criminal defense attorney in Boston who knows how to protect your rights and can navigate the state and federal court systems. You also need an attorney who offers years of experience and has a track record of success.
Call Toland Law as soon as possible for a criminal case evaluation.