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How Is Bail Determined for A Criminal Offense in Massachusetts?

Posted on : January 26, 2023
criminal offense in Massachusetts,OUI

How Is Bail Determined for A Criminal Offense in Massachusetts?

Bail is not classified as a punishment for a criminal offense in Massachusetts. It merely determines if an accused should leave jail before concluding a trial. Therefore, the amount for bail does not determine if a suspect is guilty or innocent of a charge. Nevertheless, the severity of a crime can be a crucial factor in determining the amount of bail.

Factors that Determine How a Bail is Set for Criminal Offense in Massachusetts

Several considerations help to determine the amount and type of bail for a criminal offense in Massachusetts. Each bail is dependent on the unique situation and specific circumstances. Some of the notable factors the bail magistrate will consider include;

  • Whether or not releasing the accused poses a danger to society or specific persons, especially in cases such as rape, domestic violence, assault, etc.
  • If the defendant has any other open case, is on parole, or is on probation.
  • Stance on past criminal records
  • History of defaults of bail and other law restraints
  • Risk of leaving the country to evade court appearance
  • The defendant has a reputable job and family within the area.

Types of Bail

There are two primary types of bail. The bail magistrate determines the most suitable option for a defendant after carefully evaluating all surrounding facts. Below are the two kinds of bail for a criminal offense in Massachusetts

  1. Personal Recognizance: Personal recognizance is given to individuals with a viable societal reputation. Such individual is released based on their word of promise and trust. The defendant promises to appear in court on the scheduled date of trial.
  2. Posting Cash Bail: Cash payment is another bail option that makes a defendant more likely to appear in court. The payment is set at a particular value to match the severity of the crime and the personality of the person in question. This payment makes the defendant more likely to appear in court.

Summarily, each case is unique. Whether or not a defendant deserves bail is reached after carefully evaluating all necessary facts. The type of bail is subsequently decided too. An experienced attorney to solicit bail on your behalf makes it hassle-free and more probable.

 

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