Massachusetts Bail Revocation

When you commit a crime in Massachusetts, often times you will be released on bail pending the outcome of your criminal case; this is true for crimes that are not serious in nature and is common if you are facing an OUI charge in Massachusetts. However, there are some conditions that need to be met, otherwise your bail can and will be revoked.

If you are charged with a new or subsequent offense while you are on bail for a pending case, the court can revoke your bail and hold you up for up to 60 days. During this 60-day period, you will not have the opportunity to post bail and you typically must serve the 60-day sentence.

Bail Revocation

Even if you were released on personal recognizance which is essentially a form of bail, if you are charged with a new Massachusetts criminal offense, whether misdemeanor or felony, your bail may be revoked. To revoke your bail, the Commonwealth has to prove three the following three elements:

  1. That you were given a bail warning when you were arraigned on your prior criminal charge. The judge will rely on the docket sheet showing that the judge checked off that a bail warning was given.
  2. There must be probable cause to believe that you committed the new criminal offense
  3. The judge must determine that your release will endanger the safety of the public. Generally, the argument in a bail revocation hearing is whether the judge should exercise his or her discretion and revoke bail given the new charges.

If you have a pending case when you are charged with a new offense, it is important to hire an experienced Massachusetts criminal defense lawyer immediately to represent you at your arraignment and to oppose any motion for bail revocation. Contact us today for a free consultation of your case.

If you have been charged with an OUI third offense or higher, it is likely that you will have to post bail to be released. Visit our website to learn more information here.

Client Reviews
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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
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I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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