Commonwealth v. Baratieri

Two individuals (“the Sureties”) acted as sureties for Defendant and posted bail on his behalf. The Sureties filed a motion for return of bail on the basis that Defendant could not appear for a hearing because he was in federal custody on an immigration and customs enforcement detainer. The motion was denied. After Defendant failed to appear for the hearing, the judge ordered the bail forfeited. The Sureties filed a petition pursuant to Mass. Gen. Laws ch. 211, 3 in the county court asking the court to order return of bail. A single justice denied the petition. The Supreme Judicial Court affirmed, holding that this case did not present the type of exceptional circumstance that requires the exercise of the Court’s extraordinary power of general superintendence pursuant to Mass. Gen. Laws ch. 211, 3. View "Commonwealth v. Baratieri" on Justia Law