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What is a Bail Revocation in Massachusetts?

bail revocation

Bail revocation can happen if you are arrested for a new case while you’re out on release for another case.  You can be held in jail for up to ninety days.

If you’ve been released on bail on a criminal charge and you’re arrested for something new, your bail could be revoked. This means that you will be held in jail for up to 90 days without the right to bail.

The prosecutor must ask for a bail revocation at your first court hearing on the new case. The judge on the new case will then make a decision on whether to hold you without bail and set a bail on the new case.

When deciding whether to revoke your bail, the judge must find three things: First, that you were given the “bail warning” on your first case.  Second, there is probable cause to believe you committed the new offense.  Third, your release will seriously endanger someone in particular or the community at large.

The prosecutor will generally only present the police report and possibly your criminal record to the judge. They will not generally call witnesses.

The judge can revoke your bail even if you’re out on bail out of a different court. This means if you’re released on a charge in Chelsea and get arrested in Malden, the judge in Malden can revoke your bail in Chelsea.

Can I Appeal a Bail Revocation?

If a judge revokes your bail, that decision cannot be appealed to superior court in a bail review. There are ways to appeal the revocation of your bail, but it is rare.

 

If you’re facing a bail revocation, act fast and contact a lawyer to defend you. Although my office is in Boston, I handle criminal defense cases throughout Massachusetts. Contact me today at 617-356-8217, and let’s get started on your defense.

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