How Massachusetts handles a case
What happens after an arrest anywhere in Massachusetts: who decides release first, how fast a person sees a judge, which courts hear the case, and who runs the offices around them. Every county in the state works under these rules.
From arrest to court
- Who decides release first
When court is closed, a bail commissioner or a district court clerk-magistrate sets bail; neither is a judge. When court is open, a judge sets bail at arraignment. A person arrested for violating an abuse prevention order or for some domestic abuse charges can't be bailed for 6 hours except by a judge in open court.
G.L. c. 276, s. 57- Time to see a judge
A person arrested and not released must be brought to court for arraignment the same day if court is in session, or at its next session. The rule sets no hour limit. The U.S. Supreme Court's 48-hour rule for a probable cause finding applies as the federal floor.
Mass. R. Crim. P. 7(a)(1)- Money bail
Money bail is allowed, but release on a personal promise to appear is the default. A judge must consider what the person can afford, and must explain in writing why bail is needed when it will likely keep the person in jail for a long time.
G.L. c. 276, s. 58- Pretrial risk assessment
No statewide risk tool was found. On the day of arraignment, the probation department interviews each defendant and reports information the judge needs to decide bail.
Mass. R. Crim. P. 7(a)(3)- Courts
The Superior Court hears the most serious crimes and is the only court for first-degree murder. The District Court and the Boston Municipal Court hear misdemeanors and felonies punishable by up to five years, plus some others. Most criminal cases start in the District Court.
Massachusetts Superior CourtMassachusetts District Court- Judges and magistrates
The governor nominates and appoints judges with the consent of the Governor's Council. Judges hold office during good behavior until the mandatory retirement age of 70. Clerk-magistrates are appointed the same way.
Mass. Const. pt. 2, c. 2, s. 1, art. 9 and c. 3, art. 1- Prosecutors
Eleven elected district attorneys prosecute crimes, each for a district of one or more counties. They serve four-year terms.
G.L. c. 12, s. 13G.L. c. 12, s. 12- Public defense
The Committee for Public Counsel Services, a state agency, provides lawyers for people who can't afford one. Its public defender division uses staff lawyers, and its private counsel division assigns private lawyers.
G.L. c. 211D, s. 6- Jails
Each county's sheriff runs its jail and house of correction. In Suffolk County, the sheriff runs the jail and the penal institutions commissioner runs the house of correction.
G.L. c. 126, s. 16
Read from the statutes and court rules cited, 2026-09-30. Qualifications for bail commissioners and clerk-magistrates were not found in statute.