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Bail Jumping

pre-trial-process-1

Being released on bail following an arraignment on a criminal charge may prove pivotal to the outcome of an individual defendant’s case. Our Massachusetts criminal attorney knows that it is imperative, once someone has posted bail on his behalf, that the defendant attend all scheduled court appearances. Should a defendant fail to appear at a scheduled court appearance, the Court can increase his bail (or if he was released on personal recognizance, require bail), order more stringent and onerous pre-trial release conditions, revoke his bail (or his pre-trial release), or ask the District Attorney’s Office to prosecute the him for bail jumping.

Being charged with jumping bail is no small matter. Should the defendant be convicted of bail jumping, any period of incarceration imposed must be served following the completion of any sentence imposed for a conviction for the crime originally requiring the defendant to appear in court. Moreover, an acquittal on the original criminal charge does not negate the charge of bail jumping.

Elements of the Crime

In order to prove a defendant guilty of bail jumping, G.L. c. 276, §82A, the Commonwealth must prove beyond a reasonable doubt that:

  1. The defendant was released on either bail or personal recognizance;
  2. The defendant was aware of the date and time he was required to appear in a particular court; and,
  3. The defendant failed to make the required court appearance.

To convict a defendant charged with bail jumping, the Commonwealth need only prove that the court provided him with adequate notice of a scheduled court appearance and that he failed to respond when his case was called by the clerk.

Sufficient Excuse for Absence

While the elements of the crime are relatively straight forward, a defendant who can demonstrate that he had a “sufficient excuse” for failing to appear at court may be able to avoid being charged criminally with bail jumping, or persuade a jury to acquit him of the charge. To constitute an adequate excuse, the circumstances which prevented the defendant from attending court must not have been caused by him and been beyond his ability to control. A Massachusetts criminal attorney knows that serious illnesses and accidents, as long as properly documented, are usually regarded as acceptable excuses.

Punishment

If convicted of bail jumping on a misdemeanor charge, you face a fine of up to $10,000 or 1 year in the house of correction, or both. If convicted of bail jumping on a felony charge, you face a fine of up to $50,000 or up to 5 years in prison, or both.

What to Do if You’re Unable to Attend Court

If you will be unable to attend a court appearance (or if you are going to be late), call your criminal defense lawyer prior to the scheduled hearing/trial. He is in the best position both to advise you and protect you from being defaulted or charged with a crime – as long as your excuse is sufficient. If you are unable to reach your lawyer, telephone the court. If, for reasons beyond your control, you are unable to call your lawyer or the court, document both your efforts to contact your lawyer and the court, as well as the circumstances preventing your appearance.

Contact a Massachusetts Criminal Attorney

If you have been charged with bail jumping, hire an experienced Cambridge criminal defense attorney. Call us at 617-492-0055 to schedule a free in-office consultation with Attorney Kevin J. Mahoney.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

Practice Areas

  • Obstruction of Justice
  • Accessory
  • False Police Report
  • Perjury
  • Intimidation of a Witness
  • Resisting Arrest
  • Bail Jumping
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