If you have an arraignment coming up in Massachusetts, you might assume that because you weren’t arrested—or because you bailed out at the police station—you’re safe from going to jail when you walk into court. That’s not always true, and it leads many people to ask, Can you go to jail at your arraignment? Even if you received a summons in the mail or posted bail with a bail commissioner, you could still end up behind bars after your arraignment.
How Arraignments Work in Massachusetts
In Massachusetts, there are two main paths to an arraignment. The first is through arrest. If you’re arrested, you’ll typically post bail with a bail commissioner at the police station, then appear in court the next business day.
The second path is through a summons. After an incident, the police may choose not to arrest you and instead mail you paperwork telling you to appear in court. No arrest, no handcuffs.
Either way, you walk into that courtroom on your own two feet. That’s where many people make a dangerous assumption: they think that because they arrived voluntarily, they’ll leave the same way.
Why You Could Still Go to Jail
Just because you walked into the courthouse doesn’t mean you’ll walk out. Several things can happen at an arraignment that result in you being taken into custody.
Dangerousness Hearings
If you’re charged with certain serious offenses, the Commonwealth can file what’s called a motion for dangerousness detention. This asks the judge to hold you without bail because releasing you would pose a danger to the community.
Qualifying offenses typically include domestic violence charges, serious violent felonies, firearms offenses, and certain drug crimes. If the prosecutor files this motion at your arraignment, the judge can detain you while waiting for the dangerousness hearing itself—which may not happen for several days. That means you could be sitting in jail waiting for a hearing to determine whether you’ll continue sitting in jail.
We’ve written extensively about dangerousness hearings on our blog if you want more details about qualifying offenses and what happens at these hearings.
Bail Revocation on Pending Cases
Here’s a scenario many people don’t consider: you’re already out on bail for a previous case, and you pick up a new charge. Even if that new charge came through a summons, and even if you bailed out with the bail commissioner, the prosecutor can move to revoke your bail on the pending case.
If the judge grants that motion, you could be held in jail on a bail revocation even though you thought you were simply attending a routine arraignment on a new matter. The fact that you weren’t arrested on the new charge doesn’t protect you from consequences on your old one.
Higher Bail or Stricter Conditions
The bail commissioner at the police station makes an initial determination about bail, but that decision isn’t final. When you appear before the judge at your arraignment, the prosecutor can argue that the bail was set too low. The judge has full authority to increase bail or impose strict conditions of release like GPS monitoring, curfews, stay-away orders, or house arrest.
If you can’t post the higher bail or comply with the new conditions immediately, you’ll be held until you can.
Protecting Yourself at Your Arraignment
This is why having an attorney before your arraignment matters so much. Many people assume arraignments are just formalities—you plead not guilty, get a court date, and leave. But as you can see, the stakes can be much higher.
An experienced Boston criminal defense attorney can review the charges against you and anticipate whether the Commonwealth might seek dangerousness detention. They can prepare arguments against bail revocation if you have pending matters. They can advocate for reasonable bail and conditions of release. Most importantly, they can be ready to fight for you the moment something unexpected happens.
If you’re facing an arraignment in Massachusetts, don’t assume you’re safe just because you weren’t arrested or because you bailed out. Contact a Massachusetts criminal attorney as soon as possible. The time between receiving your summons and walking into that courtroom is your best opportunity to prepare for what could happen next.
If you have an upcoming arraignment and want to discuss your case, contact the Law Office of Matthew W. Peterson at 617-295-7500 to set up a strategy session today. We represent clients throughout Eastern Massachusetts and can help you understand your options before you set foot in that courtroom.
