Commonwealth v. Bautista
459 Mass. 306
| Mass. | 2011Background
- Solomon posted $10,000 cash bail for Bautista in two Superior Court cases; bail was reduced to $5,000 per case with passport surrender condition, total $10,000 cash.
- Solomon signed a recognizance acknowledging liability if Bautista failed to appear.
- Bautista was in ICE custody after an NTA was issued; representations claimed he was deported or deportable, though no immigration filing verified.
- Solomon filed motions for return of bail about one week after posting; court held hearings but Bautista failed to appear.
- Judge found Bautista’s nonappearance due to deportation/perceived government action and denied exoneration and return of bail; Solomon appealed; Massachusetts Supreme Judicial Court affirmed bail forfeiture and denial of exoneration.
- Record later indicated no filed detainer form, and NTA status was ambiguous; court noted uncertainties around Bautista’s immigration status and government action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 70 exonerates Solomon | Solomon: § 70 applies if government action prevented surrender | Commonwealth: § 70 not satisfied without clear government act affecting surrender | No exoneration under § 70; burden not met. |
| Whether Bautista’s absence was caused by act of U.S. government | Solomon: deportation/custody by ICE qualifies as act of government | Commonwealth: record inadequate to prove compelled removal under § 70 | Not proven; act of the U.S. government not clearly shown. |
| Whether Bautista’s absence was ‘without fault’ of the surety | Solomon: fault not established; need not be sole cause | Commonwealth: potential deportation risks are as fault of the surety | Not decided due to failure on first element; fault not proven. |
| Whether the bail forfeiture order was proper given lack of Commonwealth motion | Solomon: forfeiture should be initiated by Commonwealth | Commonwealth: court may order forfeiture sua sponte under § 80 | Forfeiture order proper under § 80. |
Key Cases Cited
- Commonwealth v. Stuyvesant Ins. Co., 366 Mass. 611 (Mass. 1975) (discretionary remission and bail framework; involvement of forfeiture process)
- Commonwealth v. Cabral, 443 Mass. 171 (Mass. 2005) (interpretation of common-law to interpret bail statutes)
- Harrington v. Dennie, 13 Mass. 93 (Mass. 1816) (bail excused from surrender when act of God or law prevents performance)
- Sayward v. Conant, 11 Mass. 146 (Mass. 1814) (principal’s voluntary acts may not excuse surety)
- Fuller v. Davis, 1 Gray 612 (Mass. 1854) (principle that act of government or force majeure can discharge bail)
- Querubin v. Commonwealth, 440 Mass. 108 (Mass. 2003) (historical bail principles and common-law foundations)
- Al Saud ( Commonwealth v. Al Saud ), Ante 221 (Mass. 2011) (context on deportation and reporting obligations)