Massachusetts Bail: Amounts, Hearings and the Criminal Case Process
Updated: Oct 29
A Massachusetts bail decision concerns release conditions and appearance in court while a criminal case is pending. The amount and conditions depend on the governing statute and individual record; Massachusetts should not be confused with a collective “mass bailout” campaign.
G.L. c.276, §58A addresses dangerousness proceedings separately. Primary source
G.L. c.276, §58 governs the statutory bail framework. Primary source
What is a Bail?
Bail is the money or property that a defendant gives to the court as a guarantee that they will return for future court dates. If the defendant does not show up to court as required, the bail amount may be forfeited.
Understanding the Factors Affecting Bailout Amount
The bail amount for criminal cases is not set arbitrarily. Various factors influence the bail amount, including the nature and severity of the charges, potential flight risk of the defendant, the defendant's criminal history, and their ties to the community. In more serious cases, bail may be denied entirely.
The amount of bail is determined by a judge during a bail hearing. While the exact process can vary by jurisdiction, there are several common factors that most judges consider when setting a bail amount:
Severity of the Crime: Generally, the more severe the crime, the higher the bail amount. A felony charge, for example, will usually have a much higher bail amount than a misdemeanor.
Past Criminal Record: Individuals with a history of criminal behavior or past convictions are likely to face higher bail amounts than those with a clean record.
Flight Risk: If the judge believes the defendant may try to leave town or not show up to court dates, they may set a higher bail amount to incentivize compliance with court requirements.
Danger to the Community: If the defendant is considered a threat to others in the community, the judge may set a high bail amount or deny bail altogether.
Defendant's Financial Resources: In some cases, a judge may consider the defendant's financial resources. The idea is to ensure that the bail amount is high enough to motivate the defendant to return for court proceedings, but not so high that it's impossible for the defendant to pay.
Ties to the Community: Individuals who have strong ties to their community (like steady employment, a family, and owning property) may be less of a flight risk. This can result in a lower bail amount.
These factors are guidelines, and the judge has considerable discretion in setting the bail amount. Some jurisdictions use bail schedules, which are lists of bail amounts that correspond to different charges, as a starting point. However, the judge usually has the power to deviate from the schedule based on the circumstances of each case.
It's also important to note that the Eighth Amendment of the U.S. Constitution protects against "excessive bail." This means that the bail amount should not be used as a form of punishment but should only be enough to ensure that the defendant returns for their court dates.
Bail and Dangerousness Are Different Procedures
Ordinary bail under G.L. c.276, §58 and a dangerousness proceeding under §58A have different statutory purposes and requirements. Cash bail must not be treated as a substitute for the findings and process required for preventive detention.
Review the actual release or detention order, hearing record and available review procedure with counsel. A fundraising campaign to post bail is a different subject and does not explain how Massachusetts courts set bail.
How Blumsack & Canzano Can Help
As experienced attorneys at Blumsack & Canzano, we have extensive knowledge of the bail process and its intricacies. We are committed to helping our clients understand their rights and providing practical legal advice and diligent representation informed by the facts of each case.
A bail hearing is a crucial part of a criminal case. How you present the case can significantly impact whether the defendant is granted bail and the amount set. Here are a few tips on how to make a strong case in a bail hearing:
Preparation: Understand the facts of the case thoroughly. Know the charges, the evidence, and the potential penalties. The more you know about the case, the better you can argue for a lower bail amount.
Demonstrate Ties to the Community: Judges are more likely to grant bail to defendants who have strong ties to the community. This can include evidence of steady employment, local family ties, and involvement in community organizations.
Show Responsibility: If the defendant has a history of meeting court obligations in the past, such as appearing at all required hearings or following all court-ordered restrictions, be sure to highlight this.
Explain Financial Resources: If the defendant has limited financial resources, present evidence of this to the court. If the judge understands that a high bail amount would cause significant hardship, they may be more inclined to set a lower amount.
Address Public Safety Concerns: If the defendant is accused of a violent crime or any offense that raises concerns about public safety, be prepared to address these issues. You might need to show that the defendant will comply with any conditions of bail, such as no-contact orders or electronic monitoring.
Retain a Competent Attorney: An experienced attorney can be invaluable in a bail hearing. They understand the law, the process, and how to effectively present arguments to the court.
We know that dealing with criminal charges can be stressful, and the bail process can often add to this burden. Our goal is to help alleviate some of this stress by providing clarity and guidance throughout the process.
We can help assess your situation, explain potential outcomes, and guide you on the best course of action. If a loved one is in detention, we can help strategize the most effective approach to their bail hearing and represent them vigorously.
Conclusion
When a Massachusetts bail decision affects your case, obtain the written conditions and seek advice about compliance and any available review. No attorney can guarantee release or a particular bail amount.
Remember, each case is unique. The key is to have sound legal advice and strong representation.
Legal Disclaimer. Originally published: 05/20/2023. This article provides general information only and is not legal advice for any particular matter. Laws, policies, procedures, fees and agency practices may change; their application depends on the facts and jurisdiction. Consult a qualified attorney about your circumstances before acting on this information. Reading this article or contacting Blumsack & Canzano does not, by itself, create an attorney-client relationship. Past results do not guarantee future outcomes. This material may be considered attorney advertising in some jurisdictions.
