What is a Bail Revocation in Massachusetts?
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.
If the judge revokes your bail, you will have to be in jail for 90 days before you can bail out on your new case and be released.
The prosecutor must ask the judge to revoke your bail 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 that you were given the "bail warning" on your first case; there is probable cause to believe you committed the new offense; and 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. Witnesses generally will not be called.
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.
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 out on bail and get arrested on a new charge, it's important to act fast and contact a lawyer to defend you against a bail revocation. 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.