How Do I Get Someone Out of Jail in Massachusetts?

Written By: Matthew W. Peterson

Published: 12/08/2019

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Can You Get Someone Out of Jail in Massachusetts?

The process to get someone out of jail in Massachusetts depends on the charges and the bail. It can require financial resources.

I am a criminal defense attorney, not a bail bondsman. I cannot legally bail anyone out of jail. If you are looking for someone to help with bail, I cannot help.

Importance of Getting Released from Jail

If you or a family member are stuck in jail, getting free is critical. Not only does it help you maintain your job and be with your family, but it can also help in defending your case.

First, this post is about jail before your case has concluded. If you pled guilty or were convicted, and were sentenced to jail or prison, that’s an entirely different matter.

I can never guarantee that I can get someone out of jail in Massachusetts, but here is the process.

What is the Process for Setting Bail in Massachusetts?

If you’re arrested for a crime in Massachusetts, you are generally taken to the police station to be processed. After that, you’re either taken directly to court or if it’s a day or time that court is not in session, a bail commissioner will come see you.

Either the court or the bail commissioner will set a bail for you to be released. Bail is the amount of money you must deposit to be released from jail. For State cases, it’s entirely in cash – there are no bail bondsmen in Massachusetts.

You must also give the bail commissioner a $40 fee if you can make the bail at the police station.

The amount of bail set can vary widely. It depends on the crime you’re charged with, your criminal record, your employment history, your connections to the community, along with a wide range of other factors. An experienced criminal defense lawyer can craft the right arguments to secure your release.

To get someone out of jail in Massachusetts, you need to post their bail. Bail is a cash amount posted in the clerk’s office to secure the person’s presence. It is refunded once the case is concluded.

If the bail is set by the bail commissioner and you cannot make it, you’re taken to the district court the next day for your arraignment. There, the district court judge sets bail – it can be higher, lower, or the same as what the bail commissioner did.

What Can I Do if I Cannot Afford the Bail?

If you still cannot make that bail, you can seek bail review in the superior court. Your criminal defense lawyer can file for bail review. The process varies depending on what county you’re in.

You’ll be seen in superior court, usually by video, for your bail review. Your lawyer can be present in court to advocate for your bail reduction.

If you still cannot make that bail, your attorney can make a motion to reduce your bail in the district court. However, most judges generally won’t consider releasing you unless you have spent a significant time in jail already.

If your bail is relatively low, your attorney can apply for the Massachusetts Bail Fund to post your bail.

If you’re looking to post someone’s bail, they’re generally posted wherever they’re held – usually the jail. They can also be posted in the clerk’s office if the defendant is in court.

Special Considerations Regarding Bail

If you were on bail already when you were arrested, your bail may be revoked. This means that you will not be released for up to 90 days, no matter what. A creative criminal defense lawyer can still secure your release, but it’s not a matter of simply posting bail. You can also be held without bail if you are held on dangerousness.

Your Boston Criminal Defense Attorney

If you or a member of your family are stuck in jail, it’s critical to hire a Boston criminal defense lawyer you can trust. A lawyer may be able to help you get out of jail. The Law Office of Matthew Peterson handles criminal cases in all Massachusetts courts. Call or text us today at (617) 295-7500, and let’s get started on your defense!

FAQs About the Bail Process in Massachusetts

1. What factors influence the amount of bail set?

The amount of bail is influenced by several factors, including the severity of the charges, the defendant’s criminal history, flight risk, ties to the community, and whether the defendant poses a danger to others. Each case is assessed individually by the judge or bail commissioner.

2. Can I get a refund on my bail if I am found not guilty?

Yes, if you are found not guilty or your case is dismissed, the bail amount will typically be refunded to you. However, this process may take some time, and certain fees may apply depending on the circumstances.

3. What happens if I miss my court date while out on bail?

If you miss your court date while out on bail, a warrant may be issued for your arrest, and you could lose your bail money. Additionally, you may face further legal consequences for failing to appear.

4. Is there a difference between bail and bond?

Yes, bail refers to the cash amount set by the court that must be paid for release from jail. A bond, on the other hand, involves a third-party company (bail bondsman) that guarantees payment of the bail amount in exchange for a fee. In Massachusetts, only cash bail is used since bail bondsmen are not permitted.

5. Can family members or friends help pay for bail?

Yes, family members or friends can assist in paying for bail. They can provide cash directly to the court or clerk’s office to secure the release of the individual in jail. It’s important to ensure that any financial arrangements are clearly understood by all parties involved.