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What happens if I am in trouble again, if I bail: a Massachusetts analysis.
A common question from many customers. For the sake of simplicity, we call the court of the first procedures that guarantee an initial "" The first court "and the court, if the subsequent arrest was arraigned" "The Second Court. "
In short, the second court, the bail, the first of the court and the defendant may be imprisoned without bail for up to 60 days or until the first case is solved. The second court only has the power to revoke bail. He can not change or add conditions of release. I quote the Massachusetts law is that the second court this power, a defendant, arrested and after discharge to a prior adjudication of costs may be claimed for a maximum period of sixty days to provide the probable cause for the arrest and determining, in the discretion of the judge that "the release of prisoners is said to seriously endanger the safety of persons or the community." "The law is the Massachusetts General Laws, Chapter 276, Section 58th
It is very important that the defendant, order the government to provide the probable cause standard has a probable cause hearing with witnesses, and not to allow the community to think about offering (for example, relying on police reports alone) .
When deciding on the revocation of the guarantee, the second court, the following factors:
* Type of crime
* Conviction record
* Whether the threat of force or violence was
* The fact whether an appeal pending or phrases
Defendant's mental state *
* Potential for the distribution or present illegal drug addiction
The potential for a second arrest during the deposit, the largest in the 209A Restraining Order cases in which violations of the interim order, deliberately or not, are frequent occurrences and are usually the same parties. With an Order-209a during the deposit of a battery to Assault and procedures, from the same event must be very careful, the police aware of the Order-209A and the "victim" is probably aware, like almost every claim of a 209A violation of the defendant is arrested.
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Boston Attorney Dmitry Lev handles Criminal Court Defense and 209A Restraining Order Defense cases in Massachusetts. In addition, Attorney Lev supports people who Restraining orders against them and hope that these orders removed, as well as for breach of such contracts.
Attorney Lev http://www.levlaw.net/blog in a blog and a website at http://www.bostoncriminallaw.net
Attorneys D. Lev, PC
77 Franklin St., 3rd Floor
Boston, MA 02110
(617) 556-9990
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