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  • Writer's picturePat Pegan

Why Bail Arguments Matter

Updated: Jan 18

At your first appearance in Court, the prosecutor will ask the Court to set a bail (G.L. c. 276, sec. 58) amount. While the prosecutor bears the burden of convincing a judge why bail should be set, a skilled defense attorney can counter those arguments with his own.

Bail in Massachusetts

Bail is set to ensure a person comes to Court each and every time. If he or she fails to appear in Court when scheduled, the bail money could be forfeited and a warrant will issue for his or her arrest. If this happens one could have their bail increased, or worse, it could be revoked. If that happens, they could be required to stay in jail through the pendency of the case.


Sometimes the Assistant District Attorney will ask the Court to determine that the person being charged is a dangerous person and that he or she should be held without bail being set (G.L. c. 276, sec. 58A).


An experienced defense attorney can help avoid bail altogether. An experienced lawyer will be able to argue for no bail or a low bail. An Attorney can also fight the designation of a person as a danger. He or she can offer the Court alternatives to being held without the possibility of bail.


Is someone you know being held on bail, without bail as a danger, or facing a dangerousness hearing in Massachusetts? At Regan Law, we have been successful in keeping our clients out of jail when a prosecutor asks for an unreasonably high bail, or when they ask the Court to hold our clients without bail as a dangerous person. Call our office at (978) 744-1220 or fill out our contact form to schedule a free consultation and learn how Regan Law can help you today.

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