QUESTION

My boyfriend has a bail but wont be released even if paid...?

Asked on Oct 23rd, 2015 on Criminal Law - Massachusetts
More details to this question:
My boyfriend is in jail at the moment awaiting trial he has already completed the 90 days without bail and during pre-trial they kept his bail the same but he still wont be released even if it gets paid..why is that im so confused
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1 ANSWER

Administrative Law Attorney serving Attleboro, MA at Law Offices of Edward Molari
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If someone is arrested and has other cases pending at the time, they can have their right to be released on their previously posted bail (or on their personal recognizance) revoked with regard to the pending case.  Meanwhile, the court can set bail or release on personal recognizance on the new case. It sounds like this is what was going on with your boyfriend. That is the 90 day period you were referring to -- his right to be released was revoked on the old case and he was held without bail for 90 days. Now that the 90 days has expired, he is eligible to post bail on the new case, in which case the only thing still holding him will be the old case.  The problem is that during those 90 days, he probably missed a court date on the old case (he was in jail, after all) and if the court didn't know where he was, it would issue a non-bailable warrant for his arrest. So, now, if he posts bail on the new case, the warrant on the old one will mean that he has to be transported to the court where the old case was pending to clear up the warrant before he can be released. Two things: 1) His lawyer should have filed a motion for speedy trial on the old case as soon as he found out that your boyfriend was being held with an open case in another court. I do that every single time, and this is exactly why. 2) He should still post the bail on the new case, because then he will have to be transported to the court where the old case is pending, and they will be forced to deal with the case. Otherwise, he could end up sitting there on the bail on the new case while nothing is happening on the old one. Finally, the real trick is this. If he posts the bail on the new case and gets transported to the court where the old one is pending, and (for whatever reason) he ends up getting held in custody on that case (they increase his bail, etc), whoever posted the bail on the new case can go to the court where the new case is pending and ask for their bail money back. The result is, that person has all the money they started with, and he has both cases on track. Sorry for the long answer, but you found one of the more complicated situations a defendant can find him/herself in.
Answered on Oct 30th, 2015 at 5:39 PM

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