If you or a family member is currently involved in a criminal court case, you may have questions about bail and how it works in your particular circumstances. In the Massachusetts criminal justice system (as with other states), bail is a system where a person charged with a crime can be released from jail before their trial by paying a specific amount of money to the court.
What exactly is bail? How is the amount determined, and what happens at a bail hearing? Let’s answer these questions and more in today’s blog on the intricacies of bail.
What Is Bail?
If you have watched any television shows involving police or law enforcement, you have likely heard the term “bail” before. In short, bail is the payment of a determined amount of money to the court system in exchange for release before trial.
The primary purpose of bail is to ensure the defendant’s appearance in court during the lifetime of the case. Bail is not a punishment, but a means to ensure attendance at court hearings. If the defendant appears in court every time he/she is required to, the bail money will be returned, regardless of the outcome of the case. Should the defendant not attend required hearings, the bail money can be “forfeited” to the court, and whoever posted it will not get it back.
How Is the Bail Amount Determined?
In Massachusetts, a bail magistrate determines the amount of bail. The bail magistrate reviews the defendant’s record and decides whether or not the defendant should be released from jail before their scheduled court date.
Factors that influence the amount and type of bail include: the nature and circumstances of the offense, the individual’s criminal history, the risk of flight, their ties to the community, and the potential risk to public safety. The more severe the crime, the higher the bail. Prior convictions and evidence of financial or motivating factors that could lead to fleeing are also taken into account.
What Are the Types of Bail?
Each state handles the matter of bail differently, but in Massachusetts, there are commonly two types of bail. A defendant can either be released on personal recognizance or will have to pay cash bail.
Personal Recognizance
This means the court will release a defendant from jail on their word or promise to appear on their scheduled day and time in court.
Cash Bail
If the bail magistrate has decided that the defendant may not appear in court on their scheduled court date, they may determine whether a cash bail would increase the likelihood of the defendant’s future court appearances.
In addition to the amount of cash bail, there may be terms of release that go along with the parameters of bail. These could include: GPS monitoring, no contact orders, curfew, travel restrictions, check in with probation, substance abuse treatment and/or restrictions on firearm possession.
Do you have questions about bail in Massachusetts? Talk to our team and get the legal support you need.