If you are arrested and charged with a crime, the judge overseeing your case may have the discretion of releasing you from jail on bail. Following your arrest, it’s important that you understand how the bail bond system works in Massachusetts, including when bail may be granted and how and when bail can be modified. To help you answer these questions and others, contact The Law Office of Paul R. Moraski today.
What Is a Bail Bond?
Bail is a payment that is pledged to the court in exchange for the defendant being temporarily released from custody. Note that there can be multiple conditions of bail, including non-monetary commitments, such as abstaining from drugs and alcohol or avoiding certain locations. The difference between bail and a bail bond is simple: bail is a payment that is made by the defendant, whereas a bail bond is a payment that’s posted by an approved bonding agent (and will require that the defendant pay a fee).
When Is Bail Granted?
There are multiple reasons why a court may order conditions of release (i.e. bail). For example, if releasing a defendant without conditions/bail would pose a threat to a named victim or other in the community, if the defendant is a “flight risk,” meaning they’re likely to flee the area and not show up for their court date, or if the nature of the charges warrants conditions, then bail will likely be ordered. The amount of bail is dependent on some of the same factors, as well as things like the defendant’s criminal history, the defendant’s history of alcohol or drug use, ties to the community, and flight risk.
Modification of Bail Conditions
In some cases, it may be appropriate to change the terms of a bail arrangement. For example, if the bail conditions include non-monetary conditions, such as wearing an ankle bracelet or home confinement, or monetary conditions that are particularly harmful, a defendant may seek modification. To do this, the defendant must establish the unaffordability of the bail (monetary) or the harm that is being done to the defendant because of the conditions (non-monetary). In order to modify the bail, the defendant will need to file a written motion with the court. This is one of the reasons that having an experienced criminal defense attorney as your representative can prove extremely helpful as you navigate the criminal process.
Work with a Skilled Criminal Defense Attorney Today
If you are arrested and charged with a crime, remaining confined in jail while the case is pending can seem very unfair and unjust. Similarly, though, being held to extreme bond conditions—whether monetary or non-monetary—can also be undeserved. To ensure that you get the best possible outcome possible during your bail hearing and criminal hearing, you need an experienced attorney on your side. At the Law Office of Paul R. Moraski, our lawyer has the skill set and reputation you’re looking for. For a consultation where you can learn more about your rights and the bond process, send our law firm a message online or call (978) 397-0011 directly.