Address:
467 Cheshire Road
Pittsfield, MA 01201
Phone:
413-443-7220
467 Cheshire Road
Pittsfield, MA 01201
413-443-7220
The Berkshire County Sheriff’s Office coodinates the bail process.
Bring the following to the jail after calling 413-443-7220 to find out the bail and confirming a time.
Does Berkshire County have bail?
What kind of bonds are accepted in Berkshire County?
Who can set bail in Berkshire County?
When is bail set in Berkshire County Massachusetts?
Berkshire County does not impose bail in a traditional sense. A Bail Commissioner/Bail Magistrate presides over the first appearance in court. If a judge in Massachusetts feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money, just a $40 fee. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the Bail Magistrate determines that bail is necessary to assure that the arrested returns to court, then bail must be paid in cash by the defendant, a friend or family member. If the cash is not paid, the defendant will remain in jail until the bail is changed or the case is finished.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person detained in a jail or prison until the case is resolved or goes to trial.
The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
There are two types of bonds: Personal recognizance or cash.
Bail is set by a Massachusetts bail magistrate.
The bail magistrate will set bail after the defendant is processed, which is usually the same day as the arrest. If the bail magistrate is not available, for example on a weekend, the police may call the bail magistrate for permission to release the defendant until the next court day.
Bail is what the arrested in Berkshire County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Berkshire County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Berkshire County Jail & House of Correction until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
If the defendant is not released on their own recognizance, the other option is to pay cash. If the defendant does not show up to court, the full amount of the bail will be kept by the court and the court could send the sheriff’s department to arrest you.
Berkshire County does not impose bail in a traditional sense. A Bail Commissioner/Bail Magistrate presides over the first appearance in court. If a judge in Massachusetts feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money, just a $40 fee. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the Bail Magistrate determines that bail is necessary to assure that the arrested returns to court, then bail must be paid in cash by the defendant, a friend or family member. If the cash is not paid, the defendant will remain in jail until the bail is changed or the case is finished.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person detained in a jail or prison until the case is resolved or goes to trial.
The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
There are two types of bonds: Personal recognizance or cash.
Bail is set by a Massachusetts bail magistrate.
The bail magistrate will set bail after the defendant is processed, which is usually the same day as the arrest. If the bail magistrate is not available, for example on a weekend, the police may call the bail magistrate for permission to release the defendant until the next court day.
Yes, if there are extenuating circumstances for cash bail, let the bond commissioner know, or your attorney can request a change in bail conditions.
The defendant, family or friend can pay the cash bail.
Massachusetts counties do not currently offer online bail payment. Please contact the jail for specific information on how to pay bail: go to the Berkshire County Jail & House of Correction for more information about the jails in Berkshire County.
Cash, bank check, treasurer’s check, cashier’s check or government money order. Please contact the jail for specific information on what methods of payment are accepted. Go to the Berkshire County Jail & House of Correction for more information about posting bail in Berkshire County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
Yes, you may be released on personal recognizance or your attorney can apply for relief from the Massachusetts Bail Fund.
Massachusetts does not permit private bail bond companies to operate.
There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.
Bail bond procedures in Berkshire County and Massachusetts can vary, so it is best to contact Berkshire County Jail & House of Correction at 413-443-7220 or the court in the jurisdiction where the defendant was charged (e.g., Municipal Court, District Court) right after the arrest to confirm current policies.
Ask the staff at Berkshire County Jail & House of Correction or the Berkshire County Court Clerk these key questions:
If the bail amount seems high, you can contact a lawyer or the defendant’s public defender to explore options for a bail reduction. Starting the process early will help expedite the defendant’s release.
Having a lawyer or bail agent handle the details can help the process go smoothly.
Option 1 - How to Post Cash Bail at Berkshire County Jail & House of Correction
To post a cash bond, you need to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Bail amounts range from $100 to $75,000 or more depending on the charges.
You can post a cash bond at Berkshire County Jail & House of Correction or the court where the bail hearing took place. Going directly to the jail will speed up the process, as paperwork from the court must be transferred there.
Cashier’s checks and money orders should be made payable to Berkshire County Jail & House of Correction, the Berkshire County Sheriff’s Office, or the Berkshire County Court.
Money orders can be obtained from Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Berkshire County Jail & House of Correction
If the full bond amount is not available, a surety bond is an option. A bail agent will post the bond in exchange for a premium, usually 10-15% of the total bail amount.
For example, if bail is set at $5,000, the premium will range from $500 to $750.
The bail agent may require collateral, such as property or valuables, to secure the bond in case the defendant fails to appear in court.
By signing an agreement with a bail agent, you become responsible for the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Berkshire County Jail & House of Correction
If you own property in Berkshire County, you may be able to post a property bond. All owners must be present to sign the bond agreement.
For properties outside of Berkshire County, contact a local bail agent or attorney for guidance.
Click here for more details about posting bail at Berkshire County Jail & House of Correction.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Massachusetts state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
