Understanding the Massachusetts Bail Statutes

Navigating the criminal justice system can be a daunting task, especially when it comes to understanding the complexities of bail. In Massachusetts, bail is governed primarily by Massachusetts General Laws (M.G.L.) Chapter 276, Sections 58 and 58A. These sections outline the procedures and considerations for setting bail, determining dangerousness, and the rights of the accused. This blog post aims to provide a comprehensive overview of these laws to help you better understand the bail process in Massachusetts.

What is Bail?

Bail is a set amount of money or conditions imposed by the court to ensure that a defendant appears for their scheduled court dates. It serves as a financial guarantee that the accused will not flee or pose a danger to the community. If the defendant fails to appear in court, the bail amount may be forfeited, and a warrant for their arrest may be issued.

M.G.L. c. 276, § 58: Bail and Conditions of Release

Key Provisions:

1. Initial Bail Hearing: Under M.G.L. c. 276, § 58, a defendant is entitled to a bail hearing soon after their arrest. During this hearing, a judge or bail commissioner will determine whether the defendant should be released on bail and, if so, under what conditions.

2. Factors Considered: The judge considers several factors when deciding bail, including:

   • The nature and circumstances of the offense

   • The defendant’s family ties, employment, and community connections

   • The defendant’s criminal history

   • The defendant’s history of mental illness or substance abuse

   • The risk of flight

   • The potential danger to the community or any individuals

3. Types of Bail: The judge can set different types of bail, including:

   • Cash Bail: The defendant must pay a specified amount of money to be released.

   • Surety Bail: A third party agrees to pay the bail amount if the defendant fails to appear.

   • Personal Recognizance: The defendant is released without having to pay bail but must promise to appear in court.

   • Conditional Release: The defendant is released under specific conditions, such as electronic monitoring, travel restrictions, or regular check-ins with a probation officer.

4. Right to Reconsideration: If bail is denied or set at an amount the defendant cannot afford, they have the right to request a bail review or reconsideration by a higher court.

M.G.L. c. 276, § 58A: Dangerousness Hearings

While Section 58 deals with the standard bail process, Section 58A addresses cases where the defendant is deemed potentially dangerous.

Key Provisions:

1. Dangerousness Hearing: Under M.G.L. c. 276, § 58A, if the prosecution believes that releasing the defendant poses a danger to the community or any individual, they can request a dangerousness hearing. This hearing is separate from the initial bail hearing and focuses on whether the defendant should be detained without bail.

2. Criteria for Detention: The prosecution must provide clear and convincing that 1) either the Defendant is charged with an enumerated offense or a crime which has an element of the offense the use, the attempted use or the threatened use of physical force against the person of another and 2) evidence that no conditions of release can reasonably assure the safety of the community or any individual. Factors considered include:

   • The nature and seriousness of the charges

   • The defendant’s criminal history

   • The defendant’s history of violence or threats

   • The potential threat posed to specific individuals or the community

3. Temporary Detention: Pending the dangerousness hearing, the defendant can be temporarily detained for up to three days (excluding weekends and holidays).

4. Duration of Detention: If the judge finds the defendant dangerous, they can be detained without bail for up to 180 days (if the case is indicted) or up to 120 days (for non-indicted felonies). Extensions can be granted under certain circumstances.

Practical Considerations for Defendants and Their Families

Understanding the bail process and the implications of Sections 58 and 58A can be crucial for defendants and their families. Here are some practical considerations:

1. Prepare for the Bail Hearing: Gather information and documentation that can support the defendant’s case for release. This can include proof of employment, letters of support from family and community members, and evidence of stable housing.

2. Understand the Conditions: If released on bail, it is essential to understand and comply with all conditions set by the court. Violating these conditions can result in re-arrest and forfeiture of bail.

3. Seek Legal Assistance: Having an experienced criminal defense attorney can significantly impact the outcome of bail hearings and dangerousness hearings. An attorney can present a strong case for release, negotiate bail amounts, and advocate for the defendant’s rights.

4. Consider Financial Options: If cash bail is set at an amount that is difficult to afford, explore options such as bail bonds or seeking assistance from family and friends. Ensure that all financial agreements are clear and legally sound.

5. Prepare for Possible Detention: If a dangerousness hearing is requested, be prepared for the possibility of temporary detention. Discuss this with the defendant’s attorney to understand the likelihood and prepare accordingly.

Conclusion

Navigating the bail process in Massachusetts involves understanding the key provisions of M.G.L. c. 276, §§ 58 and 58A. These laws outline the procedures for bail hearings, considerations for setting bail, and the process for dangerousness hearings. For defendants and their families, being well-informed and prepared can make a significant difference in securing a favorable outcome.

Having legal representation is crucial, as a skilled attorney can navigate the complexities of the bail system, advocate for reasonable bail or conditions of release, and provide guidance throughout the process. Understanding the rights and responsibilities under these laws can help ensure a fair and just process for all involved.

Whether you or a loved one is facing criminal charges, knowing the intricacies of the bail process can empower you to make informed decisions and better navigate the challenges of the criminal justice system in Massachusetts.