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:
- 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.
- There must be probable cause to believe that you committed the new criminal offense
- 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.