How Bail Bonds Work in Massachusetts
Complete guide to the bail process, costs, and laws in Massachusetts (MA).
Massachusetts Bail Bond Quick Facts
Massachusetts Bail Laws Overview
Massachusetts General Laws Chapter 276 governs bail. A 2018 reform requires judges to consider a defendant's ability to pay and to use the least restrictive conditions necessary.
Massachusetts uses a bail commissioner system. Bail bond companies operate but the state has implemented reforms to reduce cash bail for low-level offenses.
Bail Bond Costs in Massachusetts
The standard bail bond premium in Massachusetts is 10% of the total bail amount. This fee is non-refundable and is paid to the bail bond agent for their service.
Example Costs in Massachusetts
Step-by-Step: Getting a Bail Bond in Massachusetts
Arrest and Booking
After an arrest in Massachusetts, the defendant is taken to a local county jail or city jail for booking. This process includes recording personal information, fingerprinting, and taking a mugshot. Booking can take 1-4 hours depending on the facility.
Bail Is Set
A judge or magistrate sets the bail amount based on the charges, criminal history, and flight risk. Many Massachusetts courts use a bail schedule for common offenses. For serious charges, a bail hearing may be required.
Contact a Bail Bondsman
Call a licensed bail bond agent in Massachusetts. Most are available 24/7. Provide the defendant's full name, booking number, jail location, charges, and bail amount. The agent will explain what's needed.
Pay the Premium
Pay the bail bond premium (10% of the bail amount) to the bondsman. Most Massachusetts bail bond companies accept cash, credit cards, and offer payment plans. For larger bonds, collateral such as property or vehicles may be required.
Bond Is Posted
The bail bond agent posts the bond with the jail or court. Many Massachusetts facilities accept electronic bonds, which speeds up the process.
Defendant Is Released
The jail processes the release. Times vary — smaller Massachusetts jails may release in 1-2 hours, while larger county facilities can take 4-12 hours.
Attend All Court Dates
The defendant must appear at every scheduled court hearing in Massachusetts. Missing a court date results in bail forfeiture, a bench warrant, and potential additional charges. The bail bond company may send a fugitive recovery agent.
Case Concludes
When the case ends, the bond is exonerated and any collateral is returned. The premium paid to the bondsman is not refunded regardless of the case outcome.
Frequently Asked Questions About Bail in Massachusetts
How much does a bail bond cost in Massachusetts?
The standard bail bond premium in Massachusetts is 10% of the total bail amount. For example, a $10,000 bail would cost approximately $1,000 for the bond premium. This fee is non-refundable.
Can I get a bail bond at any time in Massachusetts?
Yes, most bail bond agents in Massachusetts are available 24 hours a day, 7 days a week, including holidays. You can start the bail bond process at any time after bail has been set.
Do I get my money back after the case is over?
The premium paid to the bail bond agent (10%) is non-refundable — it is the fee for their service. However, any collateral posted is returned when the case concludes and the bond is exonerated.
What happens if the defendant misses court in Massachusetts?
If the defendant fails to appear in court in Massachusetts, the judge will issue a bench warrant for their arrest and the bail is forfeited. The bail bond company may hire a fugitive recovery agent to locate and return the defendant. The indemnitor (co-signer) becomes responsible for the full bail amount.