Legal Question in Criminal Law in Massachusetts
I am trying to figure out what a bail review is and if in my brothers case it would be worth doing this. He is currently being held until his next court date of May 10th due to the Commonwealth asking for a bail revoke. Can I do a bail review and how do I do this?
1 Answer from Attorneys
If your brother was arraigned and bail set by a judge in a district court, he has the right to have that bail reviewed by a Superior Court judge.
If your brother is being held because the district court judge revoked his bail on another case, then it is not advisable to seek bail review until after the 60 days. Whether it is advisable to do so after that really depends on the facts of the case. Step one should be for your brother to have this conversation with his lawyer. If that lawyer advises against it still, it may be worth seeking a second opinion from another lawyer. But sometimes, based on the facts of a case, seeking bail review could increase the amount of bail set rather than lower it. A lawyer who has experience in both the district court in which your brother was arraigned in and the superior court to which the bail review would be sought in would be able to assess the situation and give your brother the best advice.
Hope this helps,
Myong J. Joun
(617) 304-6186
www.MassRights.com
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