Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 42 (2026)

Bail or commitment

✓ current as of July 2026

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Section 42. If it appears that a crime has been committed and that there is probable cause to believe the prisoner guilty, the court or justice shall, if final jurisdiction is not exercised, admit the prisoner to bail, if the crime is bailable and sufficient bail is offered; otherwise, except as provided for in section sixteen of chapter one hundred and twenty-five, such prisoner shall be committed to jail for trial; provided, however, that if a person is arrested for a violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C or any act that would constitute abuse, as defined in section 1 of chapter 209A, or a violation of sections 13M or 15D of chapter 265, any bail shall be assessed pursuant sections 42A, 57, 58 and 58A.

Notes of Decisions

Cited in 17 cases, 1973–2019 · leading case: Commonwealth v. Hampe, 646 N.E.2d 387 (Mass. 1995).

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Commonwealth v. Hampe, 646 N.E.2d 387 (Mass. 1995). · cites it 4× “The District Court judge determined that the defendant’s statutory and constitutional rights to have his bail considered were violated, relying on G. L. c. 276, §§ 42 and 58, the Eighth Amendment to the United States Constitution, and art.”

Comm'r of Corr. v. Superior Court Dep't of the Trial Court, 842 N.E.2d 926 (Mass. 2006). “See G. L. c. 276, § 42 (prisoners not released on bail “shall be committed to jail”).”

Myers v. Commonwealth, 298 N.E.2d 819 (Mass. 1973). · cites it 2× “" G.L.c. 276, § 42 (and see G.L.c. 276, § 41).”

Quinn v. State Ethics Comm'n, 516 N.E.2d 124 (Mass. 1987). · cites it 2× “In this way bail commissioners assist in fulfilling the Commonwealth's obligation to extend to persons *213 arrested for crimes their statutory (G.L.c. 276, § 42) and constitutional (Massachusetts Declaration of Rights, art.”

Commonwealth v. Ortiz, 471 N.E.2d 1321 (Mass. 1984). “” G. L. c. 276, § 42. See Myers v. Commonwealth, 363 Mass.”

Stefanik v. State Bd. of Parole, 363 N.E.2d 1099 (Mass. 1977). · cites it 2× “218, § 30, and G. L. c. 276, § 42, granted similar rights to defendants at bind-over hearings.”

Burke v. Commonwealth, 365 N.E.2d 811 (Mass. 1977). “’ G. L. c. 276, § 42” (emphasis in original).”

Vasquez v. Commonwealth, 119 N.E.3d 717 (Mass. 2019). “In particular, we noted that G. L. c. 276, §§ 42 and 57, which were the principal bail statutes in force when Baker was decided, did not define nonbailable offenses.”

Eagle-Tribune Publ'g Co. v. Clerk-Magistrate of the Lawrence Div. of the Dist. Court Dep't, 35 Media L. Rep. (BNA) 1585 (Mass. 2007). “137, 141 (1973), quoting G. L. c. 276, § 42. At a show cause hearing, the clerk-magistrate determines whether process should issue based on the probable cause to arrest standard, see Paquette v.”

Commonwealth v. Perkins, 981 N.E.2d 630 (Mass. 2013). “The dual requirements that defendants may only be held for trial where the magistrate determines that (1) a crime has been committed, and (2) there is probable cause to believe a defendant guilty of the crime charged, see G. L. c. 276, § 42, create “an effective bind-over…”

Lataille v. Dist. Court of E. Hampden, 320 N.E.2d 877 (Mass. 1974). “G. L. c. 276, § 42. We expressed the view that cross-examination and the right to make an effective presentation of a defense are crucial in order to effectuate this probable cause standard.”

A Juv. v. Commonwealth, 374 N.E.2d 1351 (Mass. 1978). “’ G. L. c. 276, § 42.” Id. Additional probable cause hearings may be held, especially if additional evidence is to be offered at the subsequent hearing.”

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