What Is a Dangerousness Hearing in Massachusetts?

A dangerousness hearing—or 58A hearing—is a court proceeding where the prosecutor asks to hold you without bail. These hearings happen fast—often just a few days after arraignment—and they can determine whether you’ll be locked up for months while your case is pending.

The government has to prove that no conditions of release will keep the community safe. The judge looks at things like your criminal record, the nature of the charge, and whether you’ve followed court orders in the past. You have the right to a lawyer, to present evidence, and to cross-examine witnesses.

If the judge finds you dangerous, you can be held without bail for up to 120 days. That’s why preparation is key. I’ve represented clients at these hearings on everything from gun cases to domestic charges, and in many cases, I’ve been able to secure release.

If you're facing a dangerousness hearing, you need someone who can act quickly, file motions, and push back hard. You don’t get a second chance at this.

What Is Bail in Massachusetts?

Bail is money or conditions imposed by the court to ensure you return to court dates. It’s not about guilt or punishment—it’s about risk.

When setting bail, the court looks at:
- Whether you’ve missed court before
- The severity of the charges
- Your ties to the community
- Whether you’re on probation or parole

Judges can:
- Release you on personal recognizance (no bail)
- Impose cash bail or conditions (e.g., GPS, no contact)
- Hold you under the dangerousness statute (in certain cases)

If bail is too high, I can file a motion to reduce it or request a bail review in Superior Court. The goal is to get you released quickly—and with the least restrictions possible.