Arraignment and Bail – What are they?

An arraignment, your first appearance in court, gives the court a chance to advise a defendant of pending charges and set an appropriate bail. In determining bail, the court will consider several factors under Massachusetts General Laws chapter 276 section 58. The court uses that factor analysis in making a decision as to whether releasing the defendant on personal recognizance will insure his or her appearance at a future hearing. If the court feels that bail is appropriate, the judge may set a reasonable amount and spell out in writing the courts’ reasons for that imposition. If upon release, the individual fails to appear for a scheduled appearance, any posted bail can be forfeited and a warrant issued for arrest. If, however, upon disposition of the case the defendant fulfills his or her responsibilities, the individual who posted bail would be entitled to return of those funds in full.

FACTORS TO CONSIDER
The court will consider a myriad of factors in determining an appropriate bail amount. Specifically, the court looks at the nature and circumstances of the offense, any potential penalties, family ties, financial resources, employment record, history of mental illness, reputation and the length of residence in the community, record of convictions, any illegal drug distribution or present drug dependency, any flight to avoid prosecution, fraudulent use of an alias or false identification, any failure to appear at any court proceeding , and whether the person had another open case. Once that bail is set or the person is released on personal recognizance, the court will issue what is called a “bail warning.” The warning advises the defendant that failure to abide by the terms and conditions of bail or release could result in revocation of that amount. Under the statute, if the defendant violates conditions set at arraignment by picking up a new case, not appearing for a court date, or violating conditions of release, the court can remand the defendant to the custody the department of correction or a period of time dependent upon the nature of the violation.

DANGEROUSNESS AND PRE-TRIAL DETENTION
In addition to a request for bail, the Commonwealth can hold a person on a pre-trial basis pursuant to a finding of dangerousness under M.G. L. c. 276 s. 58A. The determination of dangerousness involves an initial finding that the defendant poses a danger to another person or the community and a secondary analysis to determine the least restrictive means the court can impose to insure the safety of another person or the community. If the court determines by “clear and convincing” evidence that the there are no appropriate conditions of release that will insure safety, the individual will be held in custody on a pre-trial basis.

While most people equate bail with a monetary amount, the court also has the power to impose probationary conditions of release in addition to or in lieu of a monetary bail. Thus, the first appearance in court is an important one and can have lasting implications on any case. If you have a matter scheduled for arraignment and a bail hearing contact Criminal Attorney Kristen Bonavita at 978-376-6746.