Josh J. v. CommonwealthAnnotate this Case
Where an individual has been released on bail pursuant to Mass. Gen. Laws ch. 276, 58 and there is probable cause to believe the individual committed a crime while released on bail, the Commonwealth may seek to revoke bail under either Mass. Gen. Laws ch. 276, 58 or Mass. Gen. Laws ch. 276, 58B. The judge must then make a determination as to whether the Commonwealth satisfied the requirements of either section 58 or section 58B, under which it sought to revoke bail.
Here, the judge found probable cause to believe that a juvenile had committed a crime while released on bail under section 58. The juvenile argued that the judge erred in applying the ninety-day revocation period under section 58B. Specifically, the juvenile argued that the statutes create an ambiguous bit revocation framework, and therefore, the rule of lenity requires the applicable of the sixty-day revocation period under section 58. The Supreme Judicial Court disagreed, holding (1) the bail revocation scheme is not ambiguous in its current form, and therefore, the rule of lenity does not apply; and (2) revoking bail under section 58B where an individual has been released on bail pursuant to section 58 and subsequently commits a crime while on release, does not violate due process.