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Bail Hearings

In general, bail can best be described as the amount of money that a person accused of a crime must give to the court in order that they can be released from jail while their criminal case proceeds through the court system. Bail is used to ensure that the defendant in a criminal case shows up for court on each required court date.

Bail can be set by a Clerk Magistrate and / or a Judge. Typically, bail is not an issue in minor criminal cases or if the defendant has no prior criminal history. In these types of cases, the defendant is released on personal recognizance or his promise to appear at each scheduled court date. If you decide to appear in court for an arraignment without an attorney the court may appoint an attorney to represent you for your bail hearing. The court appointed attorney may not have had enough time to review your case. This is not an ideal situation. Many times, the court will favorably consider the fact that a defendant recognized that the charges against them were serious and sought the advice and retained a lawyer prior to appearing at the bail hearing.

Since the purpose of bail is to ensure that the defendant appears at court for each scheduled court appearance the defendant forfeits the bail money if they do not show up for court. If that happens, the court will issue a default warrant for the defendant.

Andover bail hearing lawyer Neil F. Faigel has handled countless bail hearings over the past 30 years. A bail hearing can best be described as follows:

  1. The judge can decide on whether to set a bail amount along with any other condition of release.
  2. The prosecutor and the defense attorney may agree that a specific amount of bail is warranted. If this is the case, more often than not, the court will go along with it.
  3. For serious felony cases the prosecutor may present a variety of reasons that a high bail is warranted. The prosecutor may also request the defendant be held in custody while the case goes forward. This is described as being held without bail.
  4. The court can consider the prosecutor's request. However, if you are represented by counsel the court is required to hear a rebuttal argument from your attorney.
  5. If the court denies bail, you will be held in custody until your trial or resolution of the case.
  6. If the court agrees to set bail, the court will have to determine how much bail money should be required to ensure that the defendant, when released, will appear at each court date.
  7. The court will generally consider the following factors when setting bail:
    1. The severity and nature of the charges,
    2. Whether the alleged crime involves domestic violence,
    3. The defendant's criminal history and his record of defaults in other criminal cases,
    4. Whether the defendant has ties to the community (family, job, length of time in MA),
    5. Whether the defendant is currently on probation in another case,
    6. Whether the defendant has a drug or alcohol problem, and
    7. The defendant's financial ability to post bail.

A bail hearing sets the tone for the entire case. If possible, it is a good idea for family members to be present at the arraignment. This will bolster the argument that you have ties to the community and will remain in the area until the resolution of your case. For example, Attorney Faigel recently handled a bail argument where the defendant was facing a stiff state prison sentence. In Attorney Faigel's experience, the normal amount of bail set in that type of case would have been approximately $50,000. However, based upon the factors that the court should consider when setting bail, the defendant was release on $5,000 cash bail.

If you have been arrested and are scheduled for arraignment and a bail hearing, please contact Andover bail hearing attorney Neil F. Faigel as soon as possible. It is imperative that you have a seasoned and experienced defense attorney to advise you as early as possible. The importance of a winning bail argument cannot be overstated. If you are released on bail, you will go home as soon as the bail money is deposited with the court. If you are held without bail being set by the court, you will remain in jail until the case resolves. Contact Attorney Faigel for a free consultation right away. He will ensure that you receive the best possible defense.

Client Reviews
★★★★★
I received a letter informing me that I was under investigation for fraud. Attorney Faigel reviewed that facts of the case and implemented a plan of action. As a result, the case was dropped and the investigation ended. He was fair and to the point in all of our discussions. His quick work saved me a lot of time, distress and money. I hired the right attorney. RF
★★★★★
I hired Attorney Faigel after another lawyer told me that there was nothing else he could do on my case and I was going to lose my license for 30 days. Attorney Faigel would not take no for an answer. He was somehow able to get some of the charges dismissed and I was able to keep my license. Without it, I would not have been able to work and would have lost a great deal. I would highly recommend Attorney Faigel. WB
★★★★★
I was involved in a very serious offense that, if convicted of, would have sent me to jail for the rest of my life. Attorney Faigel, through his diligent investigation and contacts with law enforcement, was able to keep me from being charged with a crime. I would recommend him to anyone. He is expensive, but worth every penny. JL
★★★★★
I hired Attorney Faigel for a very serious case. Even though he was expensive, he was well worth every dollar. He kept me informed every step of the way and never promised me anything that he could not deliver on. He saved my husband and our family. HB