Understanding Bail in Massachusetts
In Massachusetts, bail is a cash amount that must be posted to secure someone’s release from jail while criminal charges are pending. A bail magistrate sets the required cash amount, and once the money is paid, it is handed over to the clerk or jail. If you’re being charged with a crime, you will generally be taken before either a judge or bail commissioner to set bail.
What are the Different Types of Bail in Massachusetts?
Personal Recognizance
This means that you will be released on your promise to return to court so, you won’t have to post money. If you are released by the bail commissioner at the police station, you will have to pay $40 to the commissioner to be released.
Cash Bail
You must post the exact cash amount in the clerk’s office to be released. The judge may set conditions for your release at the arraignment in court. One condition that is required in every case is that you not commit any criminal offense while you are out on bail. If you do commit a crime, your bail could be revoked.
Other conditions could be not contacting the alleged victim, not abusing the alleged victim, random drug tests, or really any other condition the judge thinks is appropriate. If you are charged with certain serious crimes, you could also be held on dangerousness and have no right to bail.
What Happens at Arraignment?
The first court appearance after an arrest is called an arraignment. Charges are formally read, a plea is entered — usually “not guilty” — and bail is set.
A judge considers the seriousness of the charge, the person’s ties to the community (family, job, length of time in the area), their criminal record, and their history of appearing for court. The judge is not deciding guilt or innocence. The only question is: what will make sure this person comes back to court?
How is My Bail in Massachusetts Decided?
The first court appearance after an arrest is called an arraignment. Charges are formally read, a plea is entered — usually “not guilty” — and bail is set.
A judge considers the seriousness of the charge, the person’s ties to the community (family, job, length of time in the area), their criminal record, and their history of appearing for court. The judge is not deciding guilt or innocence. The only question is: what will make sure this person comes back to court?
The Role of the Bail Magistrate
For overnight arrests, bail may first be set by a bail magistrate rather than a judge. If the amount seems too high, the person has the right to a bail review before a judge — usually the next business day. A Boston criminal defense attorney can argue for a lower amount or release on personal recognizance. This is an important opportunity, and having a lawyer there helps. These include, but are not limited to:
- The type of crime you have been charged with
- The potential penalty for the alleged offense
- If they think you are a flight risk (and therefore will not show up to your court date)
- Whether or not they think you will be a danger to the community if you are released
What Is a Dangerousness Hearing?
For certain serious charges, the Commonwealth can ask the court to hold someone without any bail — not because of a flight risk, but because the prosecutor argues they are dangerous to the community. This is called a dangerousness hearing under G.L. c. 276, § 58A.
These hearings apply only to specific offenses: violent crimes, certain drug trafficking charges, sex offenses, and firearms offenses, among others. The hearing typically occurs within three business days. The Commonwealth must prove by clear and convincing evidence that no conditions of release can protect the community. That is a high standard — and it can be challenged.
If the judge agrees with the Commonwealth, the person can be held without bail for up to 90 days (120 days in Superior Court). This is called pretrial detention. An attorney can fight back with evidence of the person’s community ties, their background, and weaknesses in the prosecution’s case.
What Happens to the Money I Pay if I Post Bail?
You will only be released from jail if you or someone you know can post the full cash amount that was set. If you or someone you know pays the full cash amount, the magistrate will turn over the money to the court until the case is over. Once your case has concluded, and if you showed to all of your court hearings, the cash will be returned to whoever posted the bail.
The cash bail in Massachusetts is the court’s way of making sure you show up to your court date after you’ve been released. If you do not show up to a court date, the judge may decide that you will lose your right to get your money back at the end of your case.
Can Bail Be Changed?
Yes. Bail is not permanent. If circumstances change — a family member can post money, or new information surfaces — a defense attorney can ask the court for a modification. Judges have flexibility to adjust bail as a case develops.
What Can I Do in Massachusetts if I Can't Post Bail?
If you are unable to pay the cash bail or you feel that the conditions set for you are unreasonable, you can appeal in a process known as bail review. In Massachusetts, a bail review is when the superior court reviews your bail conditions and the amount of cash bail that has been set.
An important thing to note is that there are no bail bondsmen in Massachusetts courts. So, if your goal is to be released before your next court date and you are unable to pay the set amount, the only alternative would be to try to get the cash amount lowered. If you cannot pay cash, another option is to file a motion to review the conditions of your release in district court.
Your Boston Criminal Defense Attorney
The best way to secure your release from jail is to hire a defense attorney to represent you. Boston criminal defense attorney Matthew W. Peterson can advocate for your release based on your income, criminal history, and the nature of the charges. We have combined 15 years of experience in Massachusetts criminal courts and will do everything we can to fight for you. The criminal justice system can be stressful and intimidating, but we’re here to help.
Contact the Law Office of Matthew Peterson today at (617) 295-7500 if you’re looking for legal representation. Our main office is located in Boston, but I practice criminal law in courts in Massachusetts.
