Legal Question in Criminal Law in Massachusetts

Re: prof respons

You are using words for which the legal significance is presumed. A bail hearing is a specialized procedure, and the goal is whether the person can be released on personal recognizance or on payment of bail to assure their return.

Re: prof respons

When you say the person "wants to get out to commit a crime," I don't know what you mean they want to do, but I think the whole scenario puts the attorney in a very difficult position. There are two components to calculating the amount of bail: (1) whether the defendant is likely to appear in court on the next scheduled date, and (2) the likelihood that the defendant will present a danger to the community if released. Both elements are part of a bail determination. If the "crime" the person wants to commit involves an element of danger to the community, I don't know how the attorney could assist the defendant in the bail hearing without compromising effectiveness, ethics, or both.