Bail factors

Factors for a judge to consider when setting bail or terms of release.
  1. The potential penalty the defendant faces.
  2. The defendant's family ties.
  3. The defendant's employment record.
  4. The defendant’s financial resources.
  5. The defendant's history of mental illness.
  6. The defendant's present drug dependency or his or her record for illegal drug distribution.
  7. The defendant's record of convictions.
  8. The defendant's reputation and length of residence in the community.
  9. The defendant's fraudulent use of an alias or false identification.
  10. The defendant's failure to appear at a court proceeding to answer to an offense.
  11. The defendant's record of flight to avoid prosecution.
  12. The fact that the defendant's alleged acts constitute a violation of a temporary or permanent order issued under Massachusetts General Law chapter 208, sections 18 or 34B; Massachusetts General Law chapter 209, section 32; Massachusetts General Law chapter 209A, sections 3, 4, or 5; or Massachusetts General Law chapter 209C, sections 15 or 20.
  13. The defendant's history of orders issued against him or her under the aforementioned sections.
  14. The defendant's status of being on bail pending adjudication of a prior charge.
  15. The defendant's status of being on probation, parole or other release pending completion of sentence for any conviction.
  16. The fact that the defendant's alleged acts involve "abuse" as defined by Massachusetts General Law chapter 209A, section 1.
  17. The defendant's status of being on release pending sentence or appeal for any conviction.

Based on information available to the Court, bail has been set at its current amount because the Court finds that the risk that the defendant will flee or otherwise fail to appear before the Court as required is such that it outweighs the potential adverse impact on the person, their immediate family, or dependents, and that no alternative, less restrictive financial or non-financial conditions will suffice to assure his or her appearance at future court proceedings.

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