How to Post Bail in Massachusetts: A Step by Step Guide
If someone you love has been arrested in Massachusetts, you need to understand how bail works here — because it’s different from what you see on TV. Massachusetts has no commercial bail bondsmen. You must pay the full amount yourself. This guide walks you through every step of the pretrial release process, from finding out the amount to getting your money back. If you need help right now, call(978) 969-2890 for a free consultation with an experienced criminal defense attorney.
Key Information: What You Need to Know
What to Do Right Now: Call the police station where the arrest happened or the courthouse where the arraignment was held to find out the bail amount, where to pay, and what form of payment they accept.
Critical MA Difference: Massachusetts has NO commercial bail bondsmen. You must pay the full amount yourself.
Payment at the Courthouse: Bank check only — courts do NOT accept cash. Make the check payable to the court.
Payment at a Police Station: Bail magistrates can accept cash, bank check, cashier’s check, or money order.
What to Bring: Valid photo ID, the defendant’s full legal name, date of birth, booking number, and the exact amount. The person who posts the money becomes the “surety” and is the only person who can get the money back.
Timeline: Pretrial release from custody usually takes 1–4 hours after payment, depending on the facility.
Too High? A defense attorney can request a bail reduction hearing if you cannot afford the amount set. That will take at least a couple of days, often longer, to get scheduled and heard.
How Does Bail Work in Massachusetts?
When someone is arrested in Massachusetts, they may be held in custody until they appear before a judge or bail magistrate. The purpose of this requirement is to make sure the defendant comes back to court for all hearings. It is not meant as punishment.
There are two points where bail can be set. First, a bail magistrate at the police station may set an amount when courts are closed. Second, a judge at arraignment reviews the case and may set a different amount, sometimes higher, sometimes lower. Even if you paid at the station, the judge can change the terms.
The amount depends on the charges, the defendant’s criminal history, ties to the community, job status, and whether they have prior defaults (missed court dates).
For less serious offenses, the court may grant pretrial release on personal recognizance — meaning the defendant promises to return to court without paying any money. For more serious charges, the court may set a cash amount.
One key fact: Massachusetts does not allow commercial bail bondsmen. In most other states, you can pay a bondsman 10% to secure release. Here, you must pay the full amount yourself. This surprises many families.
Step-by-Step: How to Post Bail Right Now
Step 1: Find Out Where the Defendant Is Being Held
Call the police department where the arrest happened or the courthouse where the arraignment was held. Ask where the defendant is being held and whether bail has been set. If the arrest was overnight or on a weekend, the defendant may stay at the station until they see a bail commissioner.
Step 2: Find Out the Bail Amount and What You Need
Ask the facility or commissioner for the exact amount and what payment they accept. Have the following ready:
• Your valid government-issued photo ID
• The defendant’s full legal name and date of birth
• The booking number or case docket number
• The exact dollar amount
Step 3: Know Where and When to Pay
Where you make the payment depends on the time of day and who set the amount:
• After an arrest (police station): A bail magistrate can set an amount when courts are closed. Payment is made at the station.
• At arraignment (courthouse): A judge sets a bail amount. Payment is made at the clerk’s office.
• At the jail: You can pay someone's bail at the jail where they are being held. Call ahead though, because th ejail will ahve to call a bail commissioner to come there to accept the bail, and that can take hours.
Important: The defendant will NOT be allowed to leave custody to get money from the bank. Someone else must bring the funds.
Step 4: Gather Your Funds — Payment Rules Differ by Location
This is where Massachusetts can be confusing. The form of payment depends on where you are paying:
• At a police station (bail commissioner): Cash, bank check, cashier’s check, or money order
• At the courthouse (clerk’s office): Bank check ONLY. Courts do not accept cash. Call to ask them how they want the check made out
• At a jail or house of correction: Varies by facility — call ahead. Some accept cash up to a limit; others require a cashier’s check.
• Personal checks and credit cards: NOT accepted anywhere.
If the amount is more than you can afford, a defense attorney can file a motion for a reduction hearing. Do not assume there are no options. Call 978-718-4454 and we can push for a lower amount. Beaware this will likely take a number of days.
Step 5: Make the Payment and Keep Your Receipt
When you post the funds, you become the “surety.” This is important: the surety is the only person who can collect the money back at the end of the case. You will receive a paper receipt. Keep it in a safe place — you will need it to get your money back.
Step 6: Wait for Release
After the payment clears, the defendant is usually released within a few hours. Police stations process releases within an hour or two. County jails may take longer. Weekends and holidays can add delays.
What If You Cannot Afford the Bail Amount?
If the amount set is more than you can pay, you have options— but you need to act fast.
Request a Bail Reduction Hearing:
A defense attorney can ask the judge for a lower amount. Your lawyer will present evidence of the defendant’s community ties, job, familyduties, and low flight risk. This is often the most effective way to bring theamount down.
Appeal to Superior Court:
If the District Court denies the reduction, your attorney can appeal to Superior Court. These appeals are heard a day or two after the reqeust is made.
Release on Personal Recognizance:
For some charges, the judge may agree to release the defendant on personal recognizance — no payment, just a promise to appear.
The key is to get a lawyer involved fast.
What Conditions Come with Pretrial Release?
When a defendant is released on bail or personal recognizance, the court usually sets conditions of release that must be followed. Breaking these conditions it can lead to revocation of release, and maybe new charges.
Common conditions include:
• Stay-away orders from the alleged victim
• No-contact provisions
• No firearms or dangerous weapons
• Curfew requirements
• GPS monitoring
• Surrender of passport
• Regular check-ins with pretrial services
• No alcohol and/or drug use
• No new criminal conduct
For domestic violence cases, stay-away and no-contact orders are automatic. Your attorney can explain what conditions apply and how tofollow them.
Can the Prosecution Hold Someone Without Bail?
Yes. Under G.L. c.276, §58A, the prosecution can request a dangerousness hearing. If the court finds by clear and convincingevidence that no release conditions will keep the community safe, the defendantcan be held without bail — up to 120 days in District Court or 180 days in Superior Court.
A dangerousness hearing is a serious proceeding. If the prosecution is requesting one, contact a defense attorney right away. Havingstrong legal representation at this hearing can mean the difference between pretrial detention and going home.
How Do You Get Your Bail Money Back?
After the case ends — no matter the outcome — you can get your money back. Here is what you need to know:
• Only the surety (the person who posted the money) can request it back.
• You must petition the court for a return of funds. This does not happen automatically.
• Bring your original receipt to the clerk’s office after the case is fully resolved.
• The court may subtract outstanding fines or costs from the amount first.
What Happens If the Defendant Misses a Court Date?
If the defendant does not show up for court, the results are serious:
• The judge may issue a default warrant and order the bail money forfeited
• The funds you posted may be lost for good
• Future bail amounts will likely be set much higher
• The defendant may be held in custody without pretrial release on pending charges
If the defendant does miss court, call an attorney right away. In some cases, the court may recall the default warrant and reinstate th eoriginal bail and conditions if there is good cause for the missed appearance.
Frequently Asked Questions
Q: Is bail guaranteed in Massachusetts?
A: No. While the law generally presumes the right to pretrial release, a judge can hold a defendant without bail after a dangerousness hearing under G.L. c.276, §58A. The defendant can be held up to 120 days in District Court or 180 days inSuperior Court.
Q: Does Massachusetts have bail bondsmen?
A: No. Massachusetts does not allow commercial bondsmen. You must pay the full bail amount yourself. At the courthouse, only bank checks are accepted, no cash. At police stations, bail magistrates (sometimes called bail commissioners) accept cash, bank checks, and money orders. If the amount is too high for you to make, a defense attorney can request a reduction hearing.
Q: How long does it take to get released after posting bail?
A: It depends on the facility. Police stations usually process releases within an hour or two. County jails often take longer. Weekends and holidays can add delays.
Q: Can I get my bail money back?
A: Yes, but you must ask the court for a return of funds after the case is fully over. The court may take out fines or costs first.
Q: What if I cannot afford the bail amount?
A: Contact a criminal defense attorney right away. Your lawyer can file for a bailreduction hearing, present evidence that a lower amount is right, or appeal to Superior Court. Do not give up, call 978-718-4454.
Contact Ernest Stone Today
If someone you love has been arrested and you need help with the bail process in Massachusetts, do not wait. The sooner you have an attorney, the sooner we can push for a fair amount and get your loved one released.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phone: (978) 718-4454
Email: es@herneststone.com
We represent good people who have had a really bad day.
We’ll Get You Through the Storm
Criminal charges can feel overwhelming, but you don’t have to face them alone. With nearly 30 years of experience defending clients across Massachusetts, we know how to navigate the system and defend your freedom and future. Every case is different, and we’ll build a defense strategy for your situation.
Don’t wait. Call (978) 718-4454 today.
