If you or a loved one is facing criminal charges in Massachusetts, one of the first major concerns is securing release on bail. While there is a legal presumption that a person should not be held on bail they cannot afford, judges often set high cash bail amounts that are out of reach for most people. In addition to cash bail, judges may also impose strict conditions of release or, in some cases, deny bail altogether under M.G.L. c. 276, § 58A if they deem the individual “dangerous.”
What Are Your Options If You Can’t Afford Bail?
If a judge sets a high bail amount at arraignment in a District Court or the Boston Municipal Court, there are legal avenues to challenge that decision and seek release while your case is pending.
1. Motion to Reconsider Bail
A defendant can request that same court that set the bail reconsider it’s bail determination. However, this typically requires presenting new evidence or demonstrating a significant change in circumstances. Since the motion often goes before the same judge who originally set the bail, success can be uncertain and depends on the strength of the new information provided.
2. Bail Review in Superior Court
For most bail determinations, a person has the right to file a bail petition, or bail review, in the Superior Court. This process allows for a new hearing in front of a different judge, often within days of the initial bail ruling. Even individuals who are held without bail on “dangerousness” have the right to request a bail review.
Risks of a Bail Review
While a bail review can provide a second chance at securing release, it also carries significant risks. The Superior Court judge has the discretion to lower, maintain, or even increase the original bail amount. A different judge does not always mean a more favorable outcome, which is why consulting with a skilled Massachusetts criminal defense attorney is crucial before pursuing a bail review.
Consult a Criminal Defense Attorney
Navigating the Massachusetts bail system can be complex and unpredictable. If you or a loved one is struggling with an unaffordable bail amount, seeking guidance from an experienced criminal defense lawyer can make a significant difference. A knowledgeable attorney can assess your case, present strong arguments for bail reduction, and help you make the best legal decision.
For personalized legal advice on bail appeals and criminal defense representation, contact a qualified Massachusetts criminal defense attorney today.
