Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 82A (2026)

Failure to appear in court after release on bail or recognizance; penalty

✓ current as of July 2026

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Section 82A. A person who is released by court order or other lawful authority on bail or recognizance on condition that he will appear personally at a specified time and place and who fails without sufficient excuse to so appear shall be punished by a fine of not more than ten thousand dollars or by imprisonment in a house of correction for not more than one year, or both, in the case of a misdemeanor, and by a fine of not more than fifty thousand dollars and imprisonment in a state prison for not more than five years, or a house of correction for not more than two and one-half years, or by fine and imprisonment, in the case of a felony.

A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment for the offense for which the prisoner failed to appear.

Notes of Decisions

Cited in 14 cases, 1967–2016 · leading case: Commonwealth v. Coleman, 461 N.E.2d 157 (Mass. 1984).

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Commonwealth v. Coleman, 461 N.E.2d 157 (Mass. 1984). · cites it 2× “Sitko, supra , we concluded that a trial judge may have prejudiced a defendant's rights by considering, in revising the penalty for the substantive crime, the defendant's failure to appear to commence service of his sentence, a separate offense under G.L.c. 276, § 82A. [9]…”

Commonwealth v. Pacheco, 748 N.E.2d 498 (Mass. App. Ct. 2001). · cites it 2× “” Nevertheless, the Commonwealth posits that identity is an ele *742 ment of the offense for failure to appear in court (G. L. c. 276, § 82A), 4 and therefore constitutes the “fruits or instrumentalities” of the crime for which the defendant was arrested.”

Commonwealth v. Sitko, 361 N.E.2d 1258 (Mass. 1977). “In any event, the defendant’s failure to appear, which is a separate offense (G. L. c. 276, § 82A), should not have been considered in any revision of his sentence.”

Commonwealth v. Diggs (SJC 12008) Commonwealth v. Soto, 475 Mass. 79 (Mass. 2016). “Moreover, the Legislature has criminalized the failure to appear in court after release on bail, thereby providing an explicit disincentive for an individual to default.”

Commonwealth v. Gomez, 940 N.E.2d 488 (Mass. App. Ct. 2011). · cites it 4× “276, § 70, to principals as well as sureties is consistent with G. L. c. 276, § 82A, as amended by St. 1994, *574 c.”

Commonwealth v. Fling, 852 N.E.2d 1137 (Mass. App. Ct. 2006). “279, § 25; and failure to appear in court after release on bail or recognizance, G. L. c. 276, § 82A. During approximately the next two years, the docket reflects that there were numerous continuances by agreement and that the defendant changed counsel at least four times.”

Commonwealth v. Coughlin, 364 N.E.2d 210 (Mass. 1977). “See also G. L. c. 276, § 82A. 5 Referring to Ludwig v.”

Commonwealth v. Love, 530 N.E.2d 176 (Mass. App. Ct. 1988). “An indictment charged the defendant, Alvin Love, with a violation of the “bail-jumping” statute, G. L. c. 276, § 82A. The statute, inserted by St.”

Commonwealth v. Kalhauser, 754 N.E.2d 76 (Mass. App. Ct. 2001). “269, § 10[a]); and failure to appear in court (G. L. c. 276, § 82A). We sketch what facts the jury could have found.”

Sclamo v. Commonwealth, 227 N.E.2d 518 (Mass. 1967). · cites it 3× “The petitioner filed this petition for writ of error to set aside five judgments in criminal cases alleging deprivation of his constitutional rights when he was sentenced to one year in the house of correction for “bail jumping” under G. L. c. 276, § 82A, inserted by St. 1965, c.”

Commonwealth v. Gentle, 952 N.E.2d 426 (Mass. App. Ct. 2011). “We note that a criminal defendant who fails to appear in court risks prosecution under G. L. c. 276, § 82A (maximum punishments include a $50,000 fine and five-year prison term for felonies).”

Commonwealth v. Morales, 473 Mass. 1019 (Mass. 2016). “See G. L. c. 276, § 82A (criminalizing failure to appear “without sufficient excuse”).”

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