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Consequences of Bail Violations of Criminal Cases in Massachusetts?

Posted on : April 28, 2023
Bail Violations

Consequences of Bail Violations of Criminal Cases in Massachusetts?

A person accused of committing a crime has the general right to be freed on Bail under Massachusetts criminal law. A defendant will first appear for an arraignment in Court after being arrested on fresh criminal accusations. The Court will formally inform the defendant of the charge(s) at the arraignment.

The Court will also frequently ask for a not guilty plea, ensure the prisoner has legal counsel, and decide on Bail. In Massachusetts, the main goal of Bail is to guarantee the defendant’s future court appearances, such as for pretrial conferences, pretrial hearings, motions hearings, and trials.

Massachusetts Bail Warning

The Court will frequently give the defendant a bail warning at arraignment, even if cash bail or specific bail terms are not set, warning him that if he is charged with a new offense while his case is continuing, he might be kept in jail for up to 90 days, or longer if good reason is proved.

Before a Court can revoke a defendant’s release for being accused of a new offense, a bail warning is necessary. The Court or clerk may occasionally need to remember to issue the bail warning. To be prepared for a potential bail revocation hearing after bail violations, it is wise to check the docket to see if a written record of the bail warning exists.

Consequences of Bail Violations in Massachusetts

A defendant may commit a bail violation if released on bond and charged with a new crime or fail to comply with one or more of the bail conditions set by the Court at their arraignment.

If either of these events occurs, the prosecution may choose to file a Commonwealth’s Motion to Revoke Bail following Massachusetts General Laws, Chapter 276, Section 58. After a hearing, if the court rules against the prosecution’s application to revoke Bail, it may reconsider Bail and reimpose the original cash amount and conditions or change them.

Lastly, the defendant will be brought into custody and given a 90-day detention without bail if the Court grants the application to revoke Bail after bail violations. The Court must review the defendant’s Bail when the bail revocation time has passed and either reset Bail to its initial terms and conditions or change them.


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