Legal Question in Criminal Law in Massachusetts

Public Defender & Bail

Is it illegal for a public defender to bail

out his or her own client (i.e. to

purchase the bail bond himself?). If not

illegal is it--name removed--violation

of something?

(Bar violation?)


Asked on 12/12/06, 6:25 pm

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Public Defender & Bail

Lawyers are NOT allowed to bail out their clients.

It is a big No No.

Maybe another lawyer on the list has a different answer.

No time to look up the rule or statute/

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Answered on 12/12/06, 6:48 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Public Defender & Bail

It is not illegal, but it is very improper, especially if the attorney is using their own funds.

The work around is for the lawyer to bring the funds to the authority, and state that they are their funds but that of a client or another designated person, and have the client or the other person sign the bail slip.

If you have any questions, contact me.

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Answered on 12/12/06, 7:44 pm


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