{"id":3844,"date":"2022-11-13T10:53:45","date_gmt":"2022-11-13T10:53:45","guid":{"rendered":"https:\/\/www.paultolandlaw.com\/?p=3844"},"modified":"2022-11-13T10:53:45","modified_gmt":"2022-11-13T10:53:45","slug":"how-does-a-massachusetts-judge-determine-bail","status":"publish","type":"post","link":"https:\/\/www.paultolandlaw.com\/pt-pt\/how-does-a-massachusetts-judge-determine-bail\/","title":{"rendered":"How Does A Massachusetts Judge Determine Bail?"},"content":{"rendered":"

Have you been accused of a criminal offense in Massachusetts? If you have been, you can expect the process to go as follows:<\/span><\/p>\n

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  1. You will be arrested, and brought down to the police to be fully processed. Depending on the charge, you will likely be released– but on your own recognizance. This means, you recognize that you have been arrested and promise to attend you next court date, whenever it is schedule.\u00a0<\/span><\/li>\n
  2. Next, a bail bondsperson or a state or country clerk will come where you are at the police station. This person\u2019s job is to determine weather or not you are a flight risk, meaning there is some suspicion that you may not show up to your court date. This visit comes at a charge to you, typically forty dollars.\u00a0<\/span><\/li>\n
  3. Depending on a few factors, the clerk or bail bondsperson may determine that you are not likely to return for your scheduled day for court. If this is the case, that person will require that you post cash bail before you can be released.<\/span><\/li>\n
  4. For those who have been arrested and were taken directly from the police station to a court to be arraigned, a judge would then determine the amount of your bail. Otherwise, a clerk or bondsperson will set your bail right at the police station.<\/span><\/li>\n<\/ol>\n

    In some cases, a clerk or bondperson will set bail at the police station, which you can then pay. But even if you post that amount of bail (pay), the judge at your arraignment may still choose to increase the amount of your bail. If this happens to you, you are stuck in jail until you post the higher amount of bail.<\/span><\/p>\n

    Read on to learn more about posting bail, and what to do if you have been charged with a criminal offense in Massachusetts. At Toland Law, we offer a free criminal case evaluation for anyone in this situation. The sooner you call a trusted Boston criminal defense lawyer after getting arrested, the sooner you can get started building a strong case for your defense.\u00a0<\/span><\/p>\n

    What Is Bail?<\/h2>\n

    Bail<\/span><\/a> is formally defined as: <\/span>\u201cThe money a defendant pays as a guarantee that they will show up in court at a later date. A failure to return triggers the bond obligation and allows the court to keep any money given as security. According to the American Bar Association, the judge or magistrate decides the amount of bail by weighing many factors, including:<\/span><\/p>\n