Commonwealth v. Stevie Jaiman

Summary

The Supreme Judicial Court considers whether a defendant who defaulted by failing to appear remained "on release" for purposes of bail revocation under G. L. c. 276, § 58, when later charged with a new crime. Relying on its contemporaneous decision in Commonwealth v. Morales, the court concludes that the defendant remained on release and that the lower court had authority to revoke bail. The case was remanded for further proceedings consistent with that conclusion.

Holdings

1. A defendant in these circumstances remains "on release" for purposes of the bail-revocation statute, and a judge has authority to revoke the defendant's bail when the defendant is later charged with committing a new crime during the period of release.

Questions Presented

1. Whether a court may revoke a defendant's bail under G. L. c. 276, § 58, sixth par., when the defendant was released, failed to appear and defaulted, and was later charged with committing a new crime while the default warrant remained outstanding.

Disposition

remanded