Bail in Massachusetts is governed by Chapter 276 of the General Laws. It allows for bail to ensure a defendant returns to court. Judges consider factors like the nature of the offense, the defendant’s criminal record, and the likelihood of fleeing. The 2018 criminal justice reform law emphasizes non-monetary conditions over cash bail. If a defendant is a flight risk or a danger to the community, they may be held without bail under certain conditions. A bail review can be requested if the initial bail set is deemed unreasonable.
Understanding Bail Law in Massachusetts: A Guide for New Clients
Navigating the bail process in Massachusetts can be confusing, especially if you are unfamiliar with the legal system. This guide aims to provide clear, straightforward information to help you understand how bail works and what you can expect if you or a loved one is facing a criminal charge.
What is Bail in Massachusetts?
Bail is a financial or legal arrangement that allows a criminal defendant to be released from custody before their trial. The purpose of bail is to ensure that the defendant returns for future court appearances. It is not meant to punish the defendant but to guarantee their presence at court hearings.
There are different types of bail, including cash bail and personal recognizance. Cash bail requires the defendant or a family member to pay a set amount of money to the court. Personal recognizance allows the defendant to be released without paying money, based on their promise to appear in court.
Affordable Criminal Defense Attorneys in Massachusetts
You shouldn’t have to face the government alone because the cost of an attorney is too high. At Afford Law, we have experienced criminal defense attorneys at an affordable rate. Our fees are based on your income. The less you earn, the less you pay. Call us today for a free case evaluation.
Massachusetts Bail Law Overview
Massachusetts bail law is governed by Chapter 276 of the General Laws. This law outlines how bail is set, reviewed, and the conditions under which it can be denied. The 2018 Criminal Justice Reform Act introduced significant changes, emphasizing non-monetary conditions over cash bail to reduce the financial burden on defendants.
The law requires judges to consider various factors when setting bail, such as the nature of the offense, the defendant’s criminal history, and the risk of flight. This ensures that bail decisions are fair and tailored to the circumstances of each case.
Factors Considered in Setting Bail in Massachusetts
When determining the amount of bail, judges consider several factors. These include the seriousness of the offense, the defendant’s criminal history, and their ties to the community. A strong community connection, such as having a job or family in the area, can result in lower bail amounts or release on personal recognizance.
Judges also assess the risk of flight and public safety. If a defendant is considered a flight risk or poses a danger to the community, higher bail amounts or more restrictive conditions may be imposed. In some cases, bail may be denied altogether.
Types of Bail in Massachusetts
There are several types of bail in Massachusetts:
- Cash Bail: The defendant, or someone on the defendant’s behalf, must pay the full amount of bail set by the court.
- Surety Bonds: This is no longer an option. There are no bail bondsmen in Massachusetts..
- Personal Recognizance: The defendant is released based on their promise to appear in court without having to pay money.
- Non-Monetary Conditions: These can include electronic monitoring, drug testing, or travel restrictions.
Each type of bail has different implications and requirements. It’s important to understand these options to make informed decisions about securing release.
The Bail Process in Massachusetts
The bail process typically begins at the police station or at a bail hearing in court. An assistant clerk or bail commissioner can set bail at the police station for less serious offenses. For more serious crimes, a district court judge or superior court judge will determine bail during a hearing.
During the bail hearing, the judge will consider the circumstances of the offense and other relevant factors. We can argue for lower bail or release on personal recognizance. The District Attorney may present arguments for higher bail amounts or stricter conditions.
Bail Review and Appeal in Massachusetts
If the initial bail set is deemed unreasonable, we can request a bail review. This involves a separate hearing before a Superior Court judge. It’s tricky, though. That’s because the Superior Court judge can raise the bail amount as well as lower it. My advice is if you can make the bail that’s set in District Court, go ahead and post it to get out. Don’t take any chances. If, on the other hand, you can’t raise the money, then it’s worth the risk.
We want to act quickly if your bail is set too high. We can ask for a bail review immediately after the District Court judge sets the bail.
Consequences of Violating Bail Conditions in Massachusetts
Violating bail conditions can have severe consequences. If you fail to appear in court or breach any other bail condition, you may face a bail revocation hearing. This can lead to being held in pretrial detention until the end of the case.
Additionally, violating bail conditions can result in new charges and increased penalties. It can also negatively impact the defendant’s case and future bail opportunities. Adhering to all bail conditions is of utmost importance to avoid these potential adverse impacts.
Practical Tips for Clients
Preparing for a bail hearing and understanding the process can make a significant difference. It’s important for us to gather information about your:
- ties to the community,
- employment, and
- family connections.
This information can help lower your bail or have you released on personal recognizance.
Working together and following all bail conditions is crucial. Missing a court date or violating any conditions can lead to serious consequences. Make sure to attend all court hearings and keep in touch with us through text messages, phone calls, or other means.
Conclusion
Understanding bail law in Massachusetts is crucial for anyone facing criminal charges. By knowing the types of bail, the factors considered in setting bail, and the importance of adhering to bail conditions, you can navigate the bail process more effectively. If you or a loved one needs help, consider seeking affordable legal assistance to ensure the best possible outcome.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.