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