Submitted by NotLucky on Fri, 07/16/2010 - 08:57
I'm out on bail from a MA case for assault with a weapon (a stick) and waiting for the trial. I didn't get a lawyer. Last week I got pulled over and cited for OUI in Maine. So does that mean my MA bail will be revoked? Any idea what I should do now?
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Bail Revocation
When you were arraigned on the Assault case you were told by the judge that should you "be charged with a crime during the period of [your] release, [your] bail may be revoked in accordance with this paragraph [MA Gen. Law ch 276 Section 58]" the clerk then makes a note of this warning on your docket sheet. To revoke your bail the district attorney would have to learn of the new out of state offense (which may not happen as there is no automatic notification, the probation department may run an updated out of state record but not all departments do so).
If the DA learns of the arrest, they then file a motion with the Judge requesting to revoke your bail. To be successful they must convince the judge of three things: 1) you were given the above bail warnings in the underlying case, 2) there is probable cause to believe a new offense occurred (typically shown by reading the judge a copy of the police report from Maine) and 3) that you pose a danger to the community or a given individual. If a motion is filed, you or your attorney should examine the paperwork to ensure the clerk correctly noted you were given bail warnings and review the paperwork from Maine to see if it establishes probable cause. If those two requirements are satisfied you can still argue to the judge that you do not pose a danger to the community or a given individual. You should hire attorneys on both of your cases and have the MA attorney be prepared to argue against bail revocation if the district attorney learns of your new arrest. Fee free to contact me with further questions. Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.
Editor's Response
I agree that this is NOT a situation where you should consider going without an attorney. I'm not familiar with OUI law and punishment in Maine, but the Massachusetts assault charge can result in significant jail time or a fine.