Defendants often react badly after the authorities arrest and incarcerate them, and for obvious reasons. A prison or jail is an undeniably dangerous place, and many prisoners have had to defend themselves against violent inmates over the years. However, violent situations can also lead to new criminal charges. In a recent case, the court was forced to determine whether it’s legal to deny bail for someone who commits a crime while in custody (but not before their release). If you are facing a similar situation, consider a consultation with a Boston defense attorney.
Man Successfully Appeals Bail Denial After Facing Charges While Behind Bars
This case begins with a defendant who initially faced a slew of firearm charges, including possession of a large capacity magazine, carrying a firearm without a license, and illegal ammo possession. He also faced an armed career criminal enhancement due to past incidents.
After a finding of dangerousness, a judge had him incarcerated without bail. The defendant remained behind bars after new dangerous findings, and he eventually reduced his sentencing enhancement after successfully challenging the sequence of his prior offenses. This reduced his potential prison sentence from up to 15 years to a maximum of just three years.
Based on this new development, the Superior Court agreed to set bail at $7,500 with GPS monitoring. During this hearing, the judge warned the defendant that if he faced new charges after being released on bail, the court would revoke his bail. The defendant was unable to post bail and later asked the court to reduce the amount.
Between this time and his new bail hearing, the defendant allegedly committed a new crime behind bars: Assault and battery with a deadly weapon. His new hearing date arrived, and (unaware of the alleged offense behind bars) the judge agreed to reduce his bail to $5,000. The defendant finally posted bail, and the authorities released him from custody.
Just one month later, the defendant went back before the court due to the assault and battery charge while in custody. The judge revoked his bail because of this new offense and sent him back into custody for a 60-day sentence.
After a denied motion for reconsideration, the defendant appealed the revoked bail. He argued that his bail should not have been revoked because he didn’t commit any new crimes after being released. Instead, he committed the offense before being released, while still in custody. The court agreed with this logic and vacated the order revoking his bail.
Can a Defense Attorney in Boston Help Me?
A Boston defense attorney may be able to help if the court has denied your bail. As the recent case shows, the court may be unable to revoke your bail after offering it, even if you commit a new offense while in custody. This might seem like an obscure detail, but it could prove important in many cases. Contact Edward R. Molari, Attorney at Law for further guidance on this subject.