Backed For Bail Definition Law In Massachusetts
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Bail after an Arrest After booking, a Bail Clerk will be contacted by the police and he or she will be told the circumstances of the arrest and the charges against the arrestee. The Bail Clerk will decide if a bail is necessary to guarantee your appearance at Court if you are released, and if so, how much.
For instance, if a judge sets a bail amount of $500,000 for a misdemeanor criminal trespass, that amount would be excessive, given most misdemeanor bail amounts are generally minimal amounts, and certainly well below $500,000.
WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.
If the only asserted interest is to guarantee that the accused will stand trial and submit to sentence if found guilty, then “bail must be set by a court at a sum designed to ensure that goal, and no more.” 26 To challenge bail as excessive, one must move for a reduction, and, if that motion is denied, appeal to the ...
Moreover, under the Eighth Amendment of the United States Constitution, excessive bail is bail set at a figure higher than an amount reasonably calculated to fulfill or achieve its purpose.
Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.
And comply with any conditions the court sets. This is crucial because missing a court date or notMoreAnd comply with any conditions the court sets. This is crucial because missing a court date or not following the rules can result in losing your bail. Money once your case concludes.
Petitions for bail review are typically filed at this time in order to request that bail be lowered or dropped entirely. They need to be filed before a scheduled hearing date in order to be considered by the Judge.
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.
If there's a bond review hearing, the judge will look at the ties to the community, the weight of the case before him/her, and hear from the victims or the victims guardians. This person can be released now if they post bond, or work with a bail bondsman to make bond.
