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Written By: Matthew W. Peterson
Published: 11/08/2019
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Bail review in Massachusetts is the process where the superior court reviews the bail set by the district court.
If the district court sets a bail you cannot afford, you have the right to go to the superior court for bail review. At a bail review hearing, the superior court will review all of the documents in your case and decide whether to lower your bail. You can also request the superior court to review the case if you are held on dangerousness.
The process to request a bail review varies by county in Massachusetts. It can involve a written motion, a phone call, or a letter. Generally, your criminal defense lawyer will be able to request bail review and get the court date scheduled.
The bail review hearing can happen as soon as the day after your arraignment in district court. Most courts hold these hearings by video – the defendant is on video in jail, while the defense attorney, prosecutor, and judge are in the courtroom. Bail review in Massachusetts is typically conducted a day or two after the request.
During a bail review, the superior court judge will consider all of the bail factors – the seriousness of the charges, the evidence against you, your criminal record, your record of appearing in court, your employment, and your connection to the community.
The Court can also consider whether you will abide by conditions, such as staying away from the victim, reporting to probation, or GPS monitoring.
If the Superior Court refuses to lower your bail, you can always go back to the District Court to see whether they will lower your bail. This may not happen immediately, though, and you must show changed circumstances.
If your bail is unaffordable, a criminal defense attorney in Boston Massachusetts immediately can get a bail review hearing in Massachusetts Superior Court. Our office is located in Boston, but I practice criminal defense in all Massachusetts courts. Contact the Law office of Mathew Peterson at (617) 295-7500, and let’s get started on your defense.
The possible outcomes include the superior court upholding the original bail amount, lowering it, or even increasing it based on the presented arguments and evidence
While it is possible for a defendant to represent themselves, it is highly advisable to have a criminal defense attorney in Boston Massachusetts due to the complexities involved in legal arguments and procedures.
Missing a bail review hearing could result in maintaining the original bail amount, and the defendant would typically need to request another hearing, demonstrating valid reasons for the absence.
Yes, there are specific timelines that vary by county; generally, it should be filed as soon as possible after the initial bail decision, often within days of arraignment.
Changed circumstances can include new evidence, changes in the defendant’s personal situation (such as employment or residence), or developments in the case that may affect flight risk or community safety.
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