The Law Office of Patrick T. Donovan

Massachusetts Criminal Attorney

617 479-1800
  • Profile
  • Criminal Defense
    • Restraining Orders
      • Restraining Orders FAQs
    • Harassment Orders
    • Domestic Violence
      • Domestic Violence Case Wins
      • Assault and Battery on a Family or Household Member
      • Restraining Order Violation
      • Assault on a Family Member
      • Witness Intimidation
      • Strangulation Suffocation
      • Stalking
      • Threats to Commit a Crime
      • Mass Law About Hitting Your Kids
    • Drunk Driving
      • OUI DUI WINS
      • First Offense
      • How Much Does an OUI Cost?
      • CHILD ENDANGERMENT WHILE OUI
    • Motor Vehicle
      • Motor Vehicle Crime Case Wins
      • LEAVING THE SCENE OF PERSONAL INJURY LAWYER
      • LEAVING THE SCENE OF PROPERTY DAMAGE LAWYER
      • OPERATING AFTER LICENSE SUSPENDED
      • NEGLIGENT OPERATION
      • Reckless Operation
      • Uninsured Motor Vehicle
      • UNLICENSED OPERATION
      • Attaching Wrong Plates
      • Road Racing Lawyer
      • Failure to Obey Police Officer
      • Use of Motor Vehicle Without Authority
      • IGNITION INTERLOCK DEVICE
    • Encore Boston Harbor Criminal Attorney
    • Theft Crimes
      • Theft Crimes FAQs
      • Theft Crimes Wins
      • MA LARCENY UNDER $1200 LAWYER
      • Larceny Over $1200 Lawyer
      • MA. LARCENY BY CHECK LAWYER
      • Identity Fraud
      • Larceny By Embezzlement
      • Credit Card Fraud Attorney
      • Receiving Stolen Property Lawyer
    • Drug Crimes
    • Sex Crimes
      • Statutory Rape Lawyer
      • OPEN AND GROSS LEWDNESS AND LASCIVIOUS BEHAVIOR
      • Annoying and Accosting Persons
      • Indecent Assault and Battery
      • Indecent Exposure
      • Enticing a Child Under 16
    • College Students
      • Fake ID
      • Fake ID Case Wins
      • Disorderly Conduct
      • MINOR IN POSSESSION OF ALCOHOL
      • Disturbing the Peace
    • Criminal Harassment
    • Violent Crime
      • Assault and Battery Wins
      • Threats
      • Aggravated Assault and Battery
      • Mayhem
      • Assault and Battery with a Dangerous Weapon
      • Assault and Battery
      • Assault
      • Resisting Arrest
    • Clerk’s Hearings
    • Weapons Crimes
    • Shoplifting Attorney
      • Shoplifting Case Wins
    • Warrants
    • Speeding Tickets
      • Massachusetts Surchargeable Infractions
      • Massachusetts Speeding Ticket Recent Victories
      • How to Appeal a Massachusetts Speeding Ticket
      • Massachusetts RMV and Board of Appeals
      • Massachusetts Speeding Tickets FAQ
      • Massachusetts Drivers Suspensions
  • RECENT WINS
  • Client Reviews
  • Contact

How Massachusetts Judge’s Set Bail

February 10, 2013 by Patrick Donovan

In Massachusetts, the purpose for bail is to ensure a person’s appearance at the next court date. Most people charged with crimes in Massachusetts are released on their own personal recognizance, or their promise to appear at the next date. For other people, it is up to the judge to set the bail amount.

Bail is set by the judge at the time of arraignment. The arraignment is the first court appearance when someone is formally charged with a crime. A judge hears an argument from both the prosecutor and the defense lawyer before the judge sets the bail.

Whether someone is a flight risk or a danger to the community are the two factors judges consider in setting bail. If the defendant can demonstrate that he will appear in court on the next date then the judge should not impose a bail.

The law that deals with bail in Massachusetts (MGL c276 s58) lists the factors judges may consider set bail in Massachusetts. They are:

  • the nature and circumstances of the offense charged,
  • the potential penalty the person faces,
  • the person’s family ties,
  • financial resources,
  • employment record
  • history of mental illness,
  • his reputation
  • the length of residence in the community,
  • his record of convictions, if any,
  • any illegal drug distribution or present drug dependency,
  • any flight to avoid prosecution or fraudulent use of an alias or false identification,
  • any failure to appear at any court proceeding to answer to an offense,
  • whether the person is on bail pending adjudication of a prior charge,
  • whether the acts alleged involve abuse as defined in section one of chapter two hundred and nine A, or violation of a temporary or permanent order issued

Once the judge sets bail, the person may either post it at the courthouse or at the county jail or House of Correction. If the person cannot post the bail then he may appeal the bail to a judge in Superior Court. The judge in Superior Court may raise it, lower it or keep it the same.

Patrick Donovan is a Massachusetts criminal lawyer committed to providing the best criminal defense in Massachusetts. Attorney Donovan is a former prosecutor that has appeared in over fifty courts in Massachusetts. Attorney Donovan has represented people charged with felony and misdemeanor crimes.

Categories: Legal News

Practice Areas

  • Criminal Defense
  • Drunk Driving
  • Domestic Violence
  • Motor Vehicle
  • Drug Crimes
  • Sex Crimes
  • College Students
  • Disturbing the Peace
  • Criminal Harassment
  • Theft Crimes
  • Violent Crimes
  • Disorderly Conduct
  • Warrants
  • Record Sealing
  • Probation
  • Weapons Crimes
  • Magistrate Hearing
  • Personal Injury
  • Speeding Tickets

Menu

  • Criminal Defense
  • Drunk Driving
  • Domestic Violence
  • Motor Vehicle Crimes
  • Drug Crimes
  • Sex Crimes
  • Theft
  • Contact Us

MA Criminal Lawyer

Law Office of Patrick Donovan
Law Office of Patrick Donovan logo
234 Copeland Street Suite 230
Quincy, MA 02169
Phone: (617) 479-1800
Fax: (617) 622-1531

Court Information

Everything you need to know about criminal courts in Massachusetts.

Court Info

Copyright © 2025