HOW DOES BAIL WORK?

June 29, 2016

In Massachusetts there is a statute, C. 276, S.58 which

provides rules about release on a cash bail or personal

recognizance. The law assumes that a person accused of

a crime is entitled to be released without paying a bail

unless the court finds, after a hearing, that certain

factors are an issue, and it is unlikely he or she will

return to resolve the case just on a mere promise.


Unless a person is charged with murder, the court

looks at the following factors during a bail hearing to

decide what amount of money must be posted, if any, to

assure the accused person will return to face the

charges. The judge looks at the record of prior offenses

and specifically looks to see if the accused came back to

court when scheduled to in the past, or instead, did the

person DEFAULT? Defaults are entered on the record

for either “no shows” in court, or failure to pay monies


Next, the judge analyzes the facts and circumstances

of the current case. Is it a misdemeanor? A violent

felony? Is the person a repeat shoplifter or vandal? Was

there a restraining order violation? Domestic violence?

How many DWI’s have they had? How did they do on

probation in the past? These are some of the questions

the court has when considering release and bail.

Importantly, the judge also considers the accused

persons roots in the community, his employment status,

family ties, if there is a history of mental health

problems, drug dependence, violence and or drug


An experienced lawyer who specializes in

representing those accused of crimes in Massachusetts

is well equipped to make an argument that will

minimize your chances of being held on bail. Keep my

name and number handy in case you need this service.

ATTORNEY RANDI POTASH AT 617-631- 2591

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© 2019 by ​Cape Cod Criminal Defense Attorney Randi J. Potash.  

Criminal Defense Lawyer serving clients in Cape Cod, Greater Boston, and throughout the state of Massachusetts, including the cities and towns of Amesbury, Andover, Barnstable, Belmont, Beverly, Boston, Boxford, Braintree, Brookline, Burlington, Cambridge, Canton, Carlisle, Chatham, Cohasset, Concord, Danvers, Dedham, Dennis, Dorchester, Dover, Everett, Falmouth, Framingham, Franklin, Gloucester, Haverhill, Holbrook, Hyannis, Ipswich, Lawrence, Lexington, Lincoln, Lynn, Lynnfield, Malden, Marblehead, Marlborough, Marshfield, Medfield, Medford, Medway, Melrose, Methuen, Middleton, Millis, Natick, Needham, Newburyport, Newton, Norwood, Orleans, Peabody, Plymouth, Quincy, Randolph, Rockport, Salem, Saugus, Scituate, Sharon, Sherborn, Somerville, Stoughton, Sudbury, Swampscott, Topsfield, Walpole, Wareham, Wayland, Wellesley, Weston, Weymouth, Winchester. All towns encompassed in the Counties of Middlesex, Suffolk, Plymouth, Barnstable, Essex and Norfolk.