If you are new to the court system, you may not be familiar with certain terms and processes. The amount of information related to the justice system can be overwhelming and tends to differ from state to state. We are here to help at the Law Office of Patrick Conway.
If you, or someone you know, have recently been charged with a crime you will most likely face a judge or magistrate who will set a court date and discuss terms for bail. What this means differs depending on the type of crime, the potential penalty of the crime, whether the defendant is a flight risk and whether or not the individual is a danger to the community.


What Is Bail?
In the state of Massachusetts, bail is a cash amount that must be posted to secure someone’s release from jail while criminal charges are pending. Either a judge, a magistrate or a bail commissioner will set bail before a release is granted.
What Are The Types of Bail?
If an individual has been arrested and charged with a crime that allows for bail to be set, there are traditionally two types of bail.
Personal Recognizance
This terminology means that a person is released from jail based on their promise to return on the court date and other hearings. No money is posted for this form of bail.
This type of bail is often done if the person being charged has strong ties to the community, a steady job and indicators that he/she will not flee.
Posting Cash Bail
In the case of cash bail, an individual will need to pay a certain amount to be released. The idea is that they are more likely to report to hearings and court if the cash is on the line.
Defendants who can’t come up with the amount of their bail may make arrangements for their release through a bail bonds person. The bail bonds person takes a percentage of the amount (usually 10%) with the guarantee that the person will show up for hearings and the trial should there be one.


Deciding Factors For Setting Bail
Each court case is different but the deciding factors will determine the amount and whether a bail will be granted or the defendant will be held without bail.
Some of the factors include whether the defendant…
- Has a record with the Board of Probation
- Has a history of defaults or not showing for court cases
- Is a flight risk
- Has a steady job
- Has ties to the community
- Is a danger to the community or the victim in the case
- Has family in the area
In some cases bail is not granted due to the seriousness of the crime, the danger to the community or victim, and the flight risk.
For instance, major felony charges may result in no bail being set and the defendant must remain in jail until trial. Additionally, if the defendant has probation warrants, additional violations, or has previously defaulted, they may not be considered for bail to be set.
For more information or if you have questions about your coming court date or bail, talk to our legal professionals at the Law Office of Patrick Conway.