Bail revocation hearing

In Massachusetts, if you are charged with a new offense while you already have a pending criminal case, the court can revoke your bail on that first case and hold you in jail for up to 90 days; you may recall this “bail warning” read to you in open court at that arraignment. Your bail can be revoked even if you never actually posted bail; in this case, your privilege of having been released on personal recognizance would be revoked. This is why if you are already have an open criminal case, and you’re charged with a new offense, whether by arrest or even a summons arraignment, it is important to appear at this new arraignment with a lawyer ready to vigorously oppose bail revocation. In addition to considering all legal and factual arguments made by your attorney, the court often recognizes your investment and respect for the gravity of what you’re facing when you come to court prepared with your own lawyer. This can go a long way towards convincing the court that you understand the situation and will abide by all conditions if released.

Even if you are not charged with a new offense, the prosecutor may move to revoke your bail if there is any allegation that you violated a condition of release. This is a common occurrence if you were ordered, as a condition of release at your arraignment, to stay away/ not contact a specific individual and there is reason to believe you violated that order. In a drug or alcohol- related case, you may have been subject to the “remain drug/ alcohol- free” condition, and if there’s reason to believe that you used/ consumed either, your bail could be revoked. Essentially, the court will revoke your bail if it believes that you disregarded, and disrespected, the court’s bail warnings at your first case’s arraignment, and you now cannot be trusted to comply with the law during the pendency of your case(s). There are various, creative arguments and proposals that we at Urbelis Law often use to have the court deny the prosecutor’s motion to revoke your bail, and help get you home that same day.

If you are facing potential bail revocation, contact Urbelis Law immediately.

(617) 830- 2188