Stuck in Jail

  • Attorneys
  • Bail Bonds
Home > Posting Bail in Boston: 4 Things to Know

Posting Bail in Boston: 4 Things to Know

Massachusetts is one of handful of states that have removed the private bail bonding industry as an option for defendants who are arrested and taken to jail. That decision was made in 1972. Some studies have indicated that the bail bond system disproportionately keeps those defendants without financial resources in jail, increasing the risk that the defendant will commit another crime. If you are arrested in Boston, here are 4 things you should know.

Bail process in Boston.

A defendant arrested for a misdemeanor or felony in Boston is first booked and processed in a jail facility, often the Suffolk County Jail or the Suffolk House of Detention. A bail magistrate interviews every defendant and makes a determination – based on state law that sets out 17 factors to take into consideration – the amount of bail. For more serious crimes, the bail determination will instead be made by a judge during the arraignment.  If a cash amount has been set, the defendant posts the full amount of the bail or has a relative or friend – known as a surety – help with the payment. With larger bonds, it’s possible to put down 10 percent of the cash with the court to be released.

Types of jail release in Boston.

  •  Personal recognizance. The first option in Boston and elsewhere in Massachusetts, since there are no private bail companies, is for defendants to be released on their own signature. A bail magistrate first makes the determination whether there are any factors indicating the defendant would not show up or that any member of the public might be in danger. If that is the case, a signature release is not offered.

  •  Cash bail. The only other option in Boston is a cash bail. Many factors – from the defendant’s criminal history, connection to the area and any history of defaults – are considered before a cash bail is set. For the most serious felonies, or for defendants with a long and violent list of previous convictions, pre-trial release may not be allowed.


Bail amounts and bail conditions. The amount of bail – if a defendant isn’t released on personal recognizance - is determined by the bail commissioner or a judge. Judges are involved in determining if bail is proper for more serious felonies, particularly if they are crimes of violence or crimes that involved juveniles. It is common for bail conditions to be issued in addition to a cash bail amount. Those conditions can include drug education, if applicable, or an order to stay away from the victim in the case.

Violating bail conditions. If a defendant does not show up for all scheduled court hearings for a misdemeanor crime, and has no excuse, he or she faces a penalty of up to a year in jail, a fine of up to $10,000 or both. If a felony crime is involved, the penalty is up to five years in prison and a fine of up to $50,000, both. Any defendant who commits a crime while released from jail can be held without bail for up to three months

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Massachusetts: 5 Things to Know

Massachusetts has a bail system that is unlike any other in the country. The state uses bail commissioners, also known as bail magistrates, who are appointed to the position and hold initial hearin...more

Posting Bail in Boston: 4 Things to Know

Massachusetts is one of handful of states that have removed the private bail bonding industry as an option for defendants who are arrested and taken to jail. That decision was made in 1972. Some st...more

Stuck in Jail?

Search Jails for nearby Bail Bondsmen NOW!

  • Copyright ©2023 Thryv, Inc. All rights reserved. · Terms of Use · Privacy Policy · Sitemap