Massachusetts Jury Instruction - Failure To Appear - Bail Jumping
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Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
The prosecutor must ask for a bail revocation 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.
If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a ?continuance,? with a motion. If you miss a deadline, your case can be dismissed. DALA continuances will be granted only for good cause.
The money is deposited in return for you release from custody, either by the police or the jail. At the end of the case, whoever posted the bail money gets it back. If bail is ordered in your case, you will not be released from custody until it is posted.
Catherine Coughlin - State Bail Administrator - Massachusetts Trial Court | LinkedIn.
Bail is the amount of money you must deposit to be released from jail. For State cases, it's entirely in cash ? there are no bail bondsmen in Massachusetts. You must also give the bail commissioner a $40 fee if you can make the bail at the police station. The amount of bail set can vary widely.
Who sets bail? The bail magistrate sets bail. In Massachusetts, a person arrested when courts are closed can request to be released until the court is next open. The police will call a bail magistrate to determine whether the defendant can be released, either on personal recognizance or a cash bail.
Rule 29(a)(1), Illegal Sentences, provides that, within 60 days after a trial judge imposes a sentence, either the Commonwealth or the judge may move to revise or revoke that sentence if any part of the sentence is illegal.
Following a hearing on an alleged violation, upon a finding of violation, the court may release the defendant on the same conditions, alter or add pretrial conditions of release,viii set a cash bail,ix or revoke the defendant's bail and detain the defendant for up to 90 days.
Revocation may be reconsidered if the defendant or the Commonwealth can show that ?a manifest injustice will result if a bail revocation order is not revisited.? For example, if an attorney investigates the case and the alleged victim recants, the attorney could then argue to the court that it would be a ?manifest ...