| What if I get in trouble again while I am on bail: a | | | | probable cause hearing with witnesses, and not to |
| Massachusetts analysis. | | | | allow the Commonwealth to proceed via proffer (ie |
| A common question asked by many clients. For the | | | | relying on police reports alone). |
| sake of simplicity, let us call the court of the first | | | | In making the determination on bail revocation, the |
| proceeding that initially set bail "The First Court" and | | | | second court will consider the following factors: |
| the court where the subsequent arrest was | | | | * nature of the offenses |
| arraigned "The Second Court." | | | | * conviction record |
| In short, the second court may revoke the bail set | | | | * whether threats of force or violence was involved |
| by the first court and the defendant may be held in | | | | * whether there are pending appeals or sentences |
| custody without bail for up to 60 days or until the | | | | * defendant's mental condition |
| first proceeding is resolved. The second court only | | | | * potential for illegal drug distribution or present drug |
| has the power to revoke bail. It may not modify it or | | | | dependency |
| add conditions of release. To quote the | | | | The potential for a second arrest while on bail is |
| Massachusetts law that gives the second court this | | | | greatest in 209A Restraining Order cases where |
| power, a defendant who is arrested while on release | | | | violations of the restraining order, intentional or not, |
| pending the adjudication of a prior charge may be | | | | are frequent occurrences and usually concern the |
| held for a period not to exceed sixty days upon a | | | | same parties. Those served with a 209A Order while |
| showing of probable cause for the new arrest and a | | | | on bail from a pending Assault and Battery |
| finding, in the judge's discretion, that "the release of | | | | proceeding stemming from the same incident must |
| said prisoner will seriously endanger any person or the | | | | be especially careful: the police are aware of the |
| community." The governing law is Massachusetts | | | | 209A Order and the "victim" is likely aware of how |
| General Laws Chapter 276, Section 58. | | | | just about any allegation of a 209A violation gets the |
| It is very important for the defendant to hold the | | | | defendant arrested. |
| government to the probable cause standard via a full | | | | |