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Massachusetts Bail Revocation

If you are charged with a new offense, while your are on bail for a pending case, the court can revoke your bail and hold you up to 60 days without bail. Even if you were given a personal recognizance, that is a formal of bail that can be revoked if you are charged with a new Massachusetts criminal offense, whether misdemeanor or felony. To revoke your bail, the Commonwealth has to prove the following:

  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.