You were released on bail or on your own recognizance and missed a court date. Now there is a new charge: failure to appear, usually called bail jumping, under G.L. c. 276, § 82A. It is a separate crime from the case you missed, its penalty depends on whether that case is a misdemeanor or a felony, and any jail time must run on top of the sentence in the original case. Here is what the Commonwealth has to prove, the penalties, and where a defense comes from.
At a Glance: Bail Jumping
Tracks the original case
misdemeanor or felony, depending on the charge you missed
Up to 1 year
for a missed misdemeanor case, with a fine up to $10,000
Up to 5 years
state prison for a missed felony case, with a fine up to $50,000
Consecutive
any jail runs on top of the original sentence
The law: G.L. c. 276, § 82A
What the Law Says
Section 82A covers “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.” It applies whether you posted money or were released on personal recognizance, meaning your own promise to return.
What the Commonwealth Must Prove
Under the District Court model jury instruction (Instruction 7.100), the Commonwealth must prove three things beyond a reasonable doubt:
- You had been released on bail or personal recognizance by a judge or bail magistrate.
- You were aware of a particular date and time on which you were required to appear in court, as a condition of that release.
- You failed to appear in court as required.
“Without Sufficient Excuse”
If there is evidence that you had a sufficient excuse, the Commonwealth must prove beyond a reasonable doubt that you did not, which the instruction says means proving that your absence was “deliberate or willful.” If you intended to be in court but could not get there, you must be found not guilty.
- What can be a sufficient excuse: the instruction gives “an accident, an illness, or the like,” and notes that the range of situations is very broad and must be judged on all the circumstances.
- What is not: being afraid of the outcome of a trial, or trying to escape punishment.
- Who goes first: you must produce some evidence of an excuse before the Commonwealth has to disprove it.
Penalties
The penalty depends on the case you failed to appear for:
- Misdemeanor case: a fine of up to $10,000, up to 1 year in a house of correction, or both.
- Felony case: a fine of up to $50,000 and up to 5 years in state prison or up to 2½ years in a house of correction, or a fine and imprisonment.
- Consecutive sentence: “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.”
Because the felony track carries a state prison term, bail jumping on a felony case is itself a felony under G.L. c. 274, § 1.
Defenses
- A sufficient excuse. Illness, an accident, or a similar reason that kept you from court despite intending to be there.
- No notice. The Commonwealth must prove you knew the specific date and time you had to appear.
- No release on bail or recognizance. The statute applies only to a person released on bail or recognizance on condition of appearing.
- You did appear. Court records, docket entries, and courthouse logs can show that you were there, or arrived later the same day.
Why a Lawyer Matters
A missed court date can turn one case into two, and any jail on the new charge stacks on top of the first. The details matter: what notice you received, what kept you away, and how quickly you came back to court. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense throughout Greater Boston. Call 781-393-5900 to talk about your case.
Related Charges
- Bail (G.L. c. 276, § 58): how courts decide whether to set bail and how much.
- 58A dangerousness hearings (G.L. c. 276, § 58A): when the Commonwealth seeks to hold someone without bail.
- Probation violations: violating probation or release conditions, handled through a separate proceeding.
- Escape (G.L. c. 268, § 16): leaving lawful custody, a separate crime.
Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
