In Massachusetts bail (when deemed necessary) is set at arraignment in district court. When bail is imposed, the defendant has a right to petition the superior court to have it reviewed. If a superior court judge thinks the bail amount is excessive he or she can reduce it.
Here are a few key points to know.
- Although the bail statute (G.L. c. 276, Sec. 58) provides the procedure for filing a petition, many courts do things their own way. So before filing a petition you should both read the statute and call the clerk’s office to see how they handle things.
- Realize that the superior court judge has the power to raise your bail amount. It’s rare but prosecutors will occasionally ask the judge to up the defendant’s bail. I’ve never seen a judge do it. But it could happen none the less.
- You cannot use a bail petition to have pretrial release conditions amended. District court judges routinely make a defendant’s release subject to certain conditions, e.g., submit to random drug testing, stay away from the alleged victim, remain alcohol free, etc. These conditions are not set pursuant to the bail statute. Instead a probation statute (G.L. c. 276, Sec. 87) is used to impose them.
- Dangerousness/58A detentions under G.L. c. 276, Sec. 58A can be review by superior court through a bail petition.
Examples of bail review petitions for Hampden and Hampshire Counties are attached below.