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.

What Happens If You Miss a Court Date in Massachusetts?

Missing a court date—even by accident—can create serious problems. The judge may enter a default against you and issue a bench warrant.

What should you do?
- Contact a lawyer immediately
- File a motion to remove the default
- Prepare any supporting documents (hospital records, flight delays, etc.)

If you act fast and have a valid reason, judges are often willing to remove the default and reinstate your case. But if you ignore the problem, it gets worse:
- Your license may be suspended
- You could be arrested on a warrant
- Future bail may be denied or increased

I help clients resolve missed court dates all the time. The key is acting fast—and presenting your side professionally.

What Is a Default in Massachusetts?

A default happens when you fail to appear in court for a scheduled hearing. Once defaulted, the court may issue a warrant for your arrest.

Consequences of a default:
- A bench warrant may be issued
- Your driver’s license may be suspended
- Bail may be set higher if you’re arrested
- The judge may be less lenient moving forward

Fortunately, defaults can often be removed. I regularly file motions to remove default, explain the circumstances, and get cases reinstated. Courts are generally more forgiving if:
- This is your first default
- You act quickly to fix it
- You have a legitimate reason (e.g., medical emergency)

If you missed court, don’t wait. The sooner you act, the easier it is to undo the damage.

What Is a Motion to Dismiss in Massachusetts?

A motion to dismiss asks the judge to end the case before trial because there’s a legal reason why it shouldn’t proceed.

Some of the most common grounds for dismissal include:
- The criminal complaint or indictment is legally insufficient
- The facts alleged don’t amount to a crime
- The statute of limitations has expired
- The prosecution failed to provide required discovery

Motions to dismiss aren’t about evidence or guilt—they’re about law. I file these motions when the charges don’t hold up legally or when procedural rules are violated.

If the motion is granted, the case ends immediately—without a trial, without probation, and without a record. Even if the motion fails, it forces the prosecution to justify its case early on.

What Happens After You’re Arraigned in Massachusetts?

Once you’ve been arraigned, your case moves into the pretrial phase. This part of the case can last weeks—or months.

Here’s what usually happens next:
- Discovery: The prosecutor turns over police reports, witness statements, and other evidence.
- Motions: Your lawyer may file legal arguments to suppress evidence or dismiss charges.
- Pretrial Hearings: The court checks in regularly as the case progresses.

Many cases resolve during this phase—through negotiation, dismissal, or diversion. Others go to trial. The choices you make early on can shape everything that follows.

The key is working with someone who knows how to use the process to your advantage. I handle pretrial strategy with the same intensity as trial work—because this is often where the case is won.