Facing a criminal charge in Massachusetts

Bond and pretrial release in Massachusetts

Article 26 of the Massachusetts Declaration of Rights bars excessive bail. M.G.L. Chapter 276 Sections 42A through 58A govern bail. Sec. 58 establishes the standard for release, directing the court to consider personal recognizance with conditions designed to reasonably assure appearance, with cash bail set only if necessary; Sec. 58 was substantially amended in 2018 (Chapter 69 of the Acts of 2018) to require explicit consideration of the defendant's financial ability before setting cash bail. Sec. 58A governs dangerousness hearings and pretrial detention. Bail magistrates and clerks may set bail post-arrest under Sec. 57. A defendant may move for review by a Superior Court judge under Sec. 58.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving Massachusetts

Our directory is still building in Massachusetts. Public-defender intake is available now.

Record clearing in Massachusetts

Massachusetts record sealing and expungement is governed by M.G.L. c. 276 sections 100A (sealing) and 100K (expungement). The statute provides petition-based pathways and certain time-based automatic sealing for older records held by the Commissioner of Probation. The statute provides waiting periods of three years for misdemeanors and seven years for felonies from disposition or release; sex offenses and certain firearm offenses are excluded from sealing, and expungement under section 100K is generally limited to non-conviction outcomes and offenses committed before age 21 in narrow categories. The petition is filed with the Commissioner of Probation or the court.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in Massachusetts

Committee for Public Counsel Services serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.