How does bail work in Massachusetts?

1. Constitutional Framework

Mass. Decl. of Rights art. 26 prohibits excessive bail. Brangan v. Commonwealth, 477 Mass. 691 (2017), requires courts to consider ability to pay before setting cash bail.

2. Cash, Surety, Property, OR Bonds

M.G.L. Ch. 276 § 58 establishes a presumption of release on personal recognizance. Cash bail may be set if necessary; surety bonds rarely used.

3. Bail Hearing

Defendants must be brought before a court at the next session under Mass. R. Crim. P. 7. Bail clerks at the police station may set bail after-hours under Ch. 276 § 57.

4. Bail Schedules

No statewide schedule; bail magistrates use discretion.

5. Bail Bond Agent / Bondsman

Commercial bondsmen are rare in Massachusetts due to predominantly cash-only system; licensed by Division of Insurance.

6. Conditions

Section 58A authorizes dangerousness hearings with detention or strict conditions.

7. Bail Forfeiture

Section 71 governs default; bail revoked and defendant detained until trial.

8. Bail Reduction

Defendants may petition Superior Court for review under § 58.

9. Pretrial Release Programs

The Office of Community Corrections operates supervised release programs.

This is legal information, not legal advice.