Bail After An Arrest
G.L. c. 276, § 58 — personal recognizance unless that will not assure appearance
Released on personal recognizance, unless. In Massachusetts, a person held under arrest gets a hearing at which they and their lawyer may take part, and is released on personal recognizance without surety unless the judicial officer decides that will not reasonably assure their appearance in court.
Except where a person is found dangerous under the separate dangerousness procedure, bail is set no higher than what would reasonably assure appearance, taking the person's financial resources into account. A bail higher than the person can afford is allowed only if neither nonfinancial conditions nor an affordable amount would assure appearance.
The factors weighed include the offense and the possible penalty, family ties, finances, employment, length of residence, criminal record, any history of failing to appear, and whether the charge involves abuse under the abuse prevention law.
Sources for this section (1)
- G.L. c. 276, § 58 — Release on personal recognizance
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.