How Do I Bail Someone Out of Jail in Massachusetts and New Hampshire?

If a friend or loved one has been arrested, one of your first questions is likely: How can I get them out of jail?

Both Massachusetts and New Hampshire have procedures that allow you to post bail or bond to secure a person’s release while their criminal case is pending. Although the process is similar in both states, there are a few differences worth understanding before you go to the courthouse or detention facility.

What Is Bail?

Bail is money or property given to the court as a guarantee that the accused person will appear for future court hearings. If the defendant appears in court as required, the bail is returned at the end of the case (minus any administrative fees). If the defendant fails to appear, the court may forfeit the bail and issue a warrant for their arrest.

Posting Bail in Massachusetts

In Massachusetts, bail is typically set by a Bail Magistrate, Clerk Magistrate, or Judge, depending on when and where the arrest occurs.

You can pay (or “post”) bail in one of the following ways:

1. At the courthouse:
   During regular business hours, bail can be paid at the clerk’s office of the court that issued the order of detention.
2. At the detention facility:
   After hours or on weekends, bail may be posted directly at the police station or House of Correction where the person is being held.
3. Acceptable forms of payment:
   
   • Cash
   • Certified bank check
   • Property pledge (in some cases)
   • Surety bond through a licensed bail bondsman
     

Once bail is posted, the defendant is released with the understanding that they must appear in court on the next scheduled date. The court will provide that hearing date when bail is paid.

Posting Bail in New Hampshire

In New Hampshire, the bail process operates similarly, though bail amounts and procedures can vary by court and county.

• Bail can often be posted at the police department immediately after an arrest, especially for misdemeanor cases.
• If bail is set by a judge, it must be paid at the court or county jail where the defendant is being held.
• As in Massachusetts, bail may be paid in cash, certified funds, or through a licensed bail bond company.

If you are unsure where to post bail, contact the police department that made the arrest or the county jail where the person is being detained—they can tell you exactly where and when bail can be paid.

What Happens After Bail Is Posted

Once bail is paid and the person is released, the court will set a date for the next hearing (such as an arraignment, pretrial conference, or trial).
It is critical that the defendant appear at every court date. Failure to appear can result in:

• Immediate revocation of bail
• Issuance of a bench warrant for arrest
• Forfeiture of the bail money or property

Getting Bail Money Back

At the conclusion of the case—whether by dismissal, plea, or conviction—the bail money will be returned to the person who posted it, as long as all court appearances were made.

To get your money back:

1. Bring the bail receipt and a valid photo ID to the clerk’s office of the court where the case was handled.
2. The court will issue a refund, usually by check, for the full amount minus any statutory administrative fee.

If a bail bondsman was used, you will not receive your premium back, as that is the fee for their service.

In both Massachusetts and New Hampshire, the process of posting bail is designed to ensure that the accused appears in court while allowing them to remain free while their case is pending.

However, the rules and procedures can vary depending on where the person is held and the seriousness of the charges.
If you are unsure about how to post bail—or if you believe the bail amount is excessive—an experienced criminal defense attorney can assist you in requesting a bail reduction or arranging for a bail hearing to secure your loved one’s release as quickly as possible.