How to Post Bail in Massachusetts: A Step-by-Step Guide

‍If someone you love has been arrested in Massachusetts, getting them out of jail is your immediate priority. Massachusetts handles bail differently than most states—there are no bail bondsmen here, so you'll need to come up with the full bail amount. This guide explains exactly how the process works and what steps to take right now.

Key Information: What You Need to Know

No Bail Bondsmen: Massachusetts does not allow  commercial bail bondsmen. You must pay the full bail amount yourself.

At Police Station: Cash accepted, plus a mandatory  $40 bail magistrate fee

At Courthouse: Certified bank check or money order only—the  clerk's office does not accept cash

What  You Need: Government-issued  photo ID, the defendant's full name, and the exact bail amount in the correct  form of payment

Understanding How Bail Works in Massachusetts

Bail is money deposited with the court as a guarantee that the defendant will appear at all required court dates. If the defendant shows up as required, the bail money is returned at the end of the case—regardless of whether they are found guilty or not guilty. If they fail to appear, the court keeps the bail money and issues a warrant for their arrest.

In Massachusetts, bail is typically set at one of two points: by a bail magistrate at the police station(called "station house bail") or by a judge at arraignment. The amount depends on factors including the seriousness of the charges, the defendant's criminal record, their ties to the community, whether they have a history of failing to appear in court, and whether they pose a flight risk.

Important:  Unlike most  other states, Massachusetts does not have commercial bail bondsmen. There is  no option to pay 10% to a bonding company. You must come up with the full  bail amount yourself, or request that the court reduce the bail or release  the defendant on personal recognizance.

Step-by-Step: How to Post Bail Right Now

‍

Step 1: Find Out Where the Defendant Is Being Held

Call the police department in the city or town where the arrest occurred. Ask for the booking desk or custody officer. Provide the defendant's name, and they can confirm whether the person is in custody, what the charges are, and whether bail has been set. If the arrest happened after court hours, the defendant may still be at the police station. If it happened during the day or if arraignment has already occurred, they may have been transferred to the county jail (house of correction).

Step 2: Determine the Bail Amount and When It Was Set

The police or jail staff can tell you the bail amount. More importantly, find out whether bail was set by the bail magistrate at the police station or by a judge at arraignment—this determines where and how you can pay.

If bail has not yet been set(for example, if the arrest happened late at night), the defendant will be held until arraignment, typically the next business day. A bail magistrate may come to the police station to set bail, which allows for earlier release if you can pay.

Step 3: Understand Where to Pay Based on Timing

This is critical—where you post bail depends on when bail was set:

If bail was set by the bail magistrate at the police station (before arraignment):

•       You can post bail directly at the police station

•       Cash is accepted

•       You must also pay a $40 bail magistrate fee (this fee is non-refundable)

If bail was set by a judge at arraignment (or after):

•       You must post bail at the courthouse clerk's office where the defendant was arraigned

•       The clerk's office does NOT accept cash

•       You must bring a certified bank check or money order for the exact amount

•       In some cases, bail can be posted at the jail—check with the facility

Step 4: Gather Your Funds and Documentation

To post bail, you will need:

•       A valid government-issued photo ID (driver's license, passport, or state ID)

•       The defendant's full legal name and date of birth

•       The exact bail amount in the correct form of payment:

•           - At police station: Cash (plus $40 bail magistrate fee)

•           - At courthouse: Certified bank check or money order only (no cash)

Remember: The defendant cannot leave custody to go to the bank. If you're posting bail at the courthouse, someone else—usually a family member—will need to bring the funds. Plan to geta certified check from your bank before going to the clerk's office.

Step 5: Post the Bail and Complete Paperwork

When you post bail, you become the "surety"—the person responsible for ensuring the defendant appears in court. You will sign documents and receive a receipt. Keep this receipt in a safe place—you will need it to get your bail money back at the endof the case. Only the person who posted the bail (the surety) can collect the bail money. The Court will issue a check for the amount posted.

Step 6: Wait for Release

After bail is posted, the defendant is typically released within a few hours, depending on how busy the facility is. The police station or jail can give you an estimated release time. Be prepared to arrange transportation—some facilities do not provide rides.

What If You Cannot Afford Bail?

Because Massachusetts does not have bail bondsmen, coming up with the full amount can be challenging. However, there are options:

Request a Bail Reduction:

At arraignment, a defense attorney can argue for reduced bail or release on personal recognizance. The attorney will present factors such as the defendant's employment, family ties, lack of criminal history, and connections to the community. Massachusetts law requires that bail be set at an amount the defendant can reasonably afford.

File for Bail Review:

If bail is set too high, your attorney can file for bail review in Superior Court. The process varies by county, but typically involves a hearing (often by video) where your lawyer argues for a bail reduction. If that doesn't work, a motion to reduce bail can also be filed in District Court.

Massachusetts Bail Fund:

The Massachusetts Bail Fund isa nonprofit organization that provides bail assistance for low-income individuals who cannot afford their bail. They can contribute up to $1,000toward bail. Referrals are generally accepted from court-appointed counsel. Visitmassbailfund.org or email information@massbailfund.org for more information.

Understanding Bail Conditions

When bail is set, the court will also impose conditions that the defendant must follow while out on bail. Violating these conditions can result in bail being revoked and the defendant being locked up again. One condition is required in every case: the defendant must not commit any new criminal offense while out on bail.

Other common bail conditions include:

•       No contact with the alleged victim or witnesses

•       Staying away from certain locations

•       Surrendering passport or not leaving the state

•       Regular check-ins with pretrial services

•       No use of alcohol or drugs (sometimes with testing)

•       GPS monitoring in some cases

•       Maintaining employment

Getting Your Bail Money Back

At the end of the case—regardless of whether the defendant is found guilty or not guilty—the cash bail will be returned to the person who posted it (the surety), as long as the defendant appeared at all required court hearings. The court may deduct any outstanding fines, fees, or legal counsel fees before returning the remainder.

To get your money back, report to the clerk's office with your bail receipt and a valid photo ID. The clerk's office will review the case to confirm that bail can be returned, then issue a check for the bail amount. Important: Bail that is not collected within 3 years is turned over to the State Treasurer as unclaimed funds.

What Happens If the Defendant Misses Court?

If the defendant fails to appear for a court date (called a "default"), the judge may order the bail forfeited—meaning whoever posted the bail loses the right to get that money back. The court will also issue a bench warrant for the defendant's arrest. Within seven days of the missed court appearance, the court must send a notice of forfeiture by certified mail to both the defendant and the surety. After that, you have 30 days to pay the full bail amount or risk a judgment being entered against you.

Frequently Asked Questions

Q: Can I use a bail bondsman in Massachusetts?

A: No. Massachusetts is one of only a few states that prohibits commercial bail bondsmen. There is no option to pay a percentage to a bonding company—you must come up with the full bail amount yourself. If you cannot afford the bail, your options are to request a bail reduction, file for bail review, or seek assistance from the Massachusetts Bail Fund.

Q: Can I pay bail with cash at the courthouse in Massachusetts?

A: No. If bail was set by a judge at arraignment, you must post bail at the courthouse clerk's office using a certified bank check or money order. The clerk's office does not accept cash. However, if bail was set by the bail magistrate at the police station before arraignment, cash is accepted there (plus the $40 bail magistrate fee).

Q: What is the $40 bail magistrate fee?

A: When bail is set at the police station by a bail magistrate (also called a bail clerk), a $40 fee is added to compensate the magistrate for their time. This fee is non-refundable—even if the defendant is found not guilty and the bail is returned, you will not get the $40 back.

Q: Can the judge increase bail after it's already been set?

A: Yes. If the bail magistrate sets bail at the police station and you post that amount, the judge at arraignment may still increase the bail. If this happens, the defendant will beheld in custody at the courthouse until the higher amount is posted. This is why having an attorney present at arraignment is so important—they can argue against a bail increase.

Q: Can anyone post bail, or does it have to be a family member?

A: Any adult can post bail fora defendant. It does not need to be a family member—friends, employers, or anyone else willing to pay can post bail. However, the person who posts the bail (the surety) is the only one who can collect the refund at the end of the case.

Contact Ernest Stone Today

If someone you love has been arrested in Massachusetts, you need experienced legal representation immediately. A criminal defense attorney can argue for reduced bail or release on personal recognizance, explain the charges and potential consequences, and begin building a strong defense from day one.

Call (978) 969-2890 fora free consultation with an experienced Massachusetts criminal defense attorney who will fight for your rights and protect your future.

H. Ernest Stone, Attorney PC

900 Cummings Center, Suite 321-U

Beverly, MA 01915

Phone: (978) 969-2890

Email: es@herneststone.com

We represent good people who have had a really bad day.

We'll Get You Through the Storm

Criminal charges can feel overwhelming, but you don't have to face them alone. With nearly 30 years of experience defending clients throughout Massachusetts, we know how to navigate the system and protect your rights. Every case is different, and we'll develop a defense strategy tailored specifically to your situation.

Don't wait. Call (978)969-2890 today.

‍