LAW OFFICES of JAMES BUDREAU

In the Massachusetts state court system, the Judge (or magistrate) sets bail at a specific amount which must be posted in cash. The Court might declare that your bail is $50,000 surety or $5000 cash. As the state court does not generally accept property, you would have to post $5000 cash under the above scenario. If a person is charged with murder, they can be held without bail.

In determining what amount of bail should be set, a Judge takes into account the likelihood that a defendant will appear to face the charges. The District Attorney's Office can also request a 58A hearing which requires the Court to make a determination of whether the defendant is a risk of flight and a danger to the community. If there are no conditions which could assure the safety of the community or the person's appearance in court, then the defendant could be held without bail.

In federal court, bail is quite complex procedurally and substantively. If minimum mandatories apply or if the potential sentence exceeds ten years, then the government can move for detention without bail. The government must demonstrate that no set of conditions of release will ensure the defendant's presence throughout the judicial proceedings or ensure the safety of the community. As these standards suggest, the Court has a significant amount of discretion in denying bail. Additionally, a bail hearing can sometimes last a few days depending upon the case. Consequently, it is important to hire a lawyer who is experienced in the federal court system.

If an accused is granted bail in federal court, he/she can post money or real estate. Again, this is a complicated process which involves property appraisals, title searches and transfer of deeds to the U.S. government until the case is resolved and agreements to forfeit if the terms and conditions of release are violated.

These are only some of the issues that a citizen faces in the criminal justice system. In order to obtain a free consultation about issues that specifically pertain to your personal circumstances, call the Law Offices of James Budreau at (617)227-8558.

Notice: The above is a broad overview of criminal law and procedures. This information should not be relied upon in making any decisions regarding your legal rights. You should always consult with an attorney before determining what your legal rights and remedies are.