5 Reasons Why Bail Can Be Revoked in Massachusetts
Bail can be revoked in Massachusetts, as in many other jurisdictions, if specific conditions are met. Depending on the nature of the offense and the requirements imposed by the court, the precise reasons for bail revocation may change.
The prosecutor must request a bail revocation at your initial court appearance for the new case. The judge in the new case will then decide whether to set bail in the new case and keep you without bail.
If you are out on release for one case when you are arrested for another, your bail may be revoked. You might spend up to 90 days in jail. Your bail may be revoked if you were previously freed on bail following an arrest for a different crime. This implies that you will be detained for up to 90 days without bail.
The following are some typical grounds for revoking bail in Massachusetts:
- Violation of Bail Conditions in Massachusetts
If a defendant violates court-imposed bail conditions in Massachusetts, such as failing to appear for scheduled court proceedings, abiding by travel restrictions, avoiding contact with specific people, or refraining from using drugs or alcohol, the court may revoke bail.
- Flight Risk
The court may revoke bail in Massachusetts if it finds that a defendant constitutes a considerable flight risk, which means they are likely to leave and skip future court appearances. A flight risk assessment may consider the gravity of the allegations, the defendant’s ties to the neighborhood, their financial situation, and any prior instances of missing court dates.
- New Criminal Offense
If a defendant is out on bail when apprehended and charged with a new crime, their bail may be revoked. It can be argued that committing a new offense poses a risk to public safety since it demonstrates disrespect for the terms of release.
- Witness Tampering or Intimidation
Bail may be revoked if a defendant tries to tamper with or intimidate witnesses or otherwise interfere with the legal process. Because it compromises the credibility of the court system, witness tampering is treated very seriously.
- Failure to Complete Pretrial Services
In certain circumstances, the court may grant a defendant bail while enforcing additional pretrial services, such as electronic monitoring, drug testing, or required counseling. A defendant’s bail may be revoked if they refuse to perform these duties.
Finally, it is crucial to note that judgments about bail revocation are made per case, taking into account the unique circumstances of each case. When deciding whether to revoke bail, the court has discretion. It will consider various aspects, including the possibility of future court appearances, the defendant’s risk of fleeing, and the public welfare.
