Commonwealth v. Morales
Annotate this CaseDefendant was arraigned in the municipal court on a larceny charge. The court gave defendant the bail revocation warning pursuant to Mass. Gen. Laws ch. 276, 58 and released him on personal recognizance. Defendant failed to appear at a subsequent hearing and was found in default. Defendant was subsequently charged with committing assault and battery of a family or household member. At his arraignment on the new charge, the Commonwealth moved to revoke Defendant’s bail or recognizance in the larceny matter. The municipal court judge denied the motion, concluding that Defendant was no longer subject to bail revocation because he defaulted in the prior larceny matter and, therefore, did not commit the new crime during the period of release. The Supreme Judicial Court remanded the case with directions to vacate the lower court’s ruling, holding that a defendant on release pursuant to Mass. Gen. Laws ch. 276, 58, who defaults for failing to appear and is subsequently charged with committing a new crime, is subject to having his bail revoked.
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