Pay attention to this if you don’t want to get stuck sitting in jail for 60 days without the possibility of being bailed out


You get arrested and you go to court for your arraignment. During your arraignment you get released on your own personal recognizance, which means that you are released from custody on no bail. You are all happy and forget to listen to the bail warning. It depends on the court, as some judges like to read the bail warning, while others have the clerk read them to you.

The bail warnings usually sound similar to: you are released on your own personal recognizance. Please be advised that if you are arrested or charged with a new offense while your case is pending your bail may be revoked and you can be held for 60 days without bail.

So if you are released on your own personal recognizance or on bail and you are arrested or charged without another crime your bail may be revoked. When you get arraigned on your second charge the prosecution may file a motion to revoke your bail. If the prosecution files a motion then the judge will rule on the motion. The judge makes his determination based on a two part test. One, is there probable cause to believe that a person committed a crime during his release? Two, if the release will seriously endanger any person or the community? If the judge does revoke your bail you will be taken to jail for 60 days. If you bail is revoked you will be sitting in jail for 60 solid days.

You only need to be arrested or charged with a new crime. The law says that you are innocent until proven guilty, but for the purpose of bail, being arrested may be enough to hold you. Remember, if you have a pending court case and you are out on bail or personal recognizance, make sure you don’t get arrested, or you could spend 60 days in jail.

District Attorney’s Association posted this regarding bail revocation
http://www.mass.gov/?pageID=dmdaterminal&L=4&L0=Home&L1=Court+Decisions&L2=Alphabetical+List+by+Case+Name&L3=M+-+S&sid=Dmdaa&b=terminalcontent&f=courts_paquette&csid=Dmdaa

DUI attorneys
http://www.drunkdrivingduilawblog.com/duilaw/bail-may-be-revoked-for-montco-woman-accused-of-dui-manslaughter/

http://www.mycrimespace.com/2007/06/28/scott-shefelbine-may-have-bail-revoked/

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Published in: on August 21, 2009 at 1:29 pm  Leave a Comment  
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