What should I expect at my Dangerousness Hearing?

A dangerousness hearing is held to determine whether or not you are a flight risk, or a danger to the community at large. The outcome of this hearing will determine whether you will be allowed to post bail or be held without bail.

The factors that a judge will take into consideration at a dangerousness hearing include:

• the type of crime and the circumstances around the offense

• ties to the community you may having including family, career, and obligations

• your mental and physical health, as well as your reputation in the community

• if you have a criminal record or prior convictions the nature of past offenses will be considered

• the statutory sentence guidelines for the crime

• whether you have any addictions or substance abuse history

• whether you have had any prior bail violations or violations of a court order involving the current crime

• any parole or probation violations

• an assessment of the risk involved in allowing you to be released, the severity of any danger present to the community or risk to interference in the investigation into the current crime

Even if your crime is minor and you feel there would not be concern for the judge to hold you without bail, it is important to obtain the advice of a Criminal Defense Attorney prior to your dangerousness hearing. If you need the assistance of an experienced and qualified Dangerousness Hearing attorney, contact John L. Calcagni at (401) 351-5100 now for a free consultation.

Bail Petitions to Massachusetts Superior Court

 

Bail is typically defined as some sort of property promised to the court in order to secure a suspect’s release from jail. The agreement carries with it the understanding that the suspect will return for trial on the date specified by the Court, or will lose the bail initially posted, and possibly be brought up on charges for failure to appear as well.

In some cases, if a defendant appears for every hearing the bail may be returned at the close of the trial, whether the person has been found guilty or not guilty of the crime accused. Under current bail law, the court is allowed to detain a suspect prior to a trial based upon how dangerous they may be to the community rather than the previous criteria of being a flight risk. This is determined at a dangerousness hearing.

If you are facing a bail hearing for a major crime or serious felony in Massachusetts Superior Court then you need the assistance of a qualified and experienced bail petition criminal Attorney who will successfully and aggressively fight for your rights. Bail is not always granted and often must be argued for these types of charges.