In contrast, while the Commonwealth had the right to move to correct an illegal sentence and presumably the attendant right to appeal the denial of such a motion, seeCommonwealth v. Selavka, 469 Mass. These include, but are not limited to: If an individual is accused of failing to comply with one or more of his conditions, the probation department may, at its discretion, file a notification of probation violation with the court. To determine punishment for the violation, the court will consider the recommendation of the probation officer, basis for the alleged violation, severity of charges and sentence imposed in the underlying case, the probationers criminal record, and any mitigating or extenuating circumstances offered by the probationer. Learn more. You may also add an out-of-state attorney who has been admitted pro hac vice (for a particular case) by a judge, or a law student who represents a party under S.J.C. Some page levels are currently hidden. A person, before being released on personal recognizance without surety, shall be informed by the person authorized to admit such person to bail of the penalties provided by section eighty-two A if he fails without sufficient excuse to appear at the specified time and place in accordance with the terms of his recognizance. In his determination under this section as to whether release will reasonably assure the appearance of the person before the court, said justice, clerk or assistant clerk, bail commissioner or master in chancery shall, on the basis of any information which he can reasonably obtain, take into account the nature and circumstances of the offense charged, the potential penalty the person faces, the person's family ties, financial resources and financial ability to give bail, employment record and history of mental illness, his reputation and the length of residence in the community, his record of convictions, if any, any illegal drug distribution or present drug dependency, any flight to avoid prosecution or fraudulent use of an alias or false identification, any failure to appear at any court proceeding to answer to an offense, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section one of chapter two hundred and nine A, or violation of a temporary or permanent order issued pursuant to sections eighteen or thirty-four B of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, sections three, four or five of chapter two hundred and nine A, or sections fifteen or twenty of chapter two hundred and nine C, whether the person has any history of orders issued against him pursuant to the aforesaid sections, whether he is on probation, parole, or other release pending completion of sentence for any conviction, and whether he is on release pending sentence or appeal for any conviction. 2022, Matthew W. Peterson Law | All Rights Reserved. ) or https:// means youve safely connected to the official website. There are two different ways that defendant's bail may be revoked in Massachusetts: bail revocations pursuant to G. L. 276, 58 and bail revocations pursuant to G. L. c. 276, 58B. Please do not include personal or contact information. This form may not display properly in your browser. The primary purpose of bail in Massachusetts is to assure the defendants future appearance before the court, as directed, such as for pretrial conferences, pretrial hearings, motions hearings, and trial. If the defendant is released on bail from the place of detention, a reasonable attempt shall be made to notify the victim of the defendant's release by the arresting police department. 204 0 obj <>stream Does A Criminal Record Affect How I Can Travel? District Court form to be completed and submitted to the court when the defense has provided all discovery required by Mass.
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