Arrested in Massachusetts? Here’s What to Know About Your Rights

Imagine this: You’re driving home, and suddenly, blue lights flash behind you. A few minutes later, you’re handcuffed and sitting in the back of a police car. Do you know what your rights are when arrested in Massachusetts? If not, what you do next could make or break your case.

Whether you're guilty, innocent, or somewhere in between, how you handle an arrest can have a lasting impact on your legal outcome. That’s why this guide exists—to make sure you know exactly what to do and what to avoid if you ever find yourself in police custody.

What Are Your Rights When Arrested in Massachusetts?

1. Why Staying Silent Can Protect You After an Arrest in Massachusetts

You've heard "You have the right to remain silent" on TV, but do you know what that actually means for you?

When you are taken into police custody, officers must read you your Miranda rights before questioning you. These rights include:

• "You have the right to remain silent."

• "Anything you say can and will be used against you in a court of law."

• "You have the right to an attorney."

• "If you cannot afford an attorney, one will be provided for you."

Here’s what this means for you:

1. Silence is power. You do not have to answer questions asked by the police without an attorney.

2. Anything you say can be twisted. Even casual remarks can be used against you in court.

3. You must clearly invoke your rights. Simply staying silent isn’t enough. You must state that you are exercising your right to remain silent.

What to Say:

"I am choosing to remain silent. I will not answer any questions without my attorney present."

At this point, officers must stop questioning you until your lawyer is present. If they continue interrogating you, your attorney may be able to get any statements you make thrown out in court.

2. Your Right to an Attorney in Massachusetts

Under Massachusetts law, every person accused of a crime has the right to an attorney. If you can’t afford one, the court has to give you (appoint) a public defender who will represent you for free.

Having a lawyer is not just a formality—it can make or break your case. A good defense attorney can:

1. Prevent you from saying anything that could be used against you.

2. Challenge any illegal police actions or violations of your rights.

3. Negotiate better bail conditions or even get charges reduced or dismissed.

What to Say:

"I want to speak to a lawyer immediately."

Once you say this, police must stop questioning you. Do not waive this right—even if you think you can “clear things up.” The time to explain your side is with your lawyer present, not in an interrogation room.

3. Your Right to Know the Charges Against You

Massachusetts law (MGL Ch. 276, § 33A) This law refers to the requirement that the police must allow an arestee a phone call and requires police to inform you of the charges against you at the time of your arrest or shortly after.

You will also have a formal court hearing (arraignment), during which the charges against you are officially read. This arraignment usually happens within 24 hours of your arrest.

At your arraignment hearing:

1. You hear the exact charges filed against you.

2. You will be asked to enter a plea (guilty, not guilty, or no contest).

3. A judge decides if you will be released on bail or held in custody.

Your defense lawyer is critical at this stage. If you're facing serious charges, they can fight for lower bail or argue for your release while your case is pending.

Would you like to know how Brady Law fights for clients in Massachusetts? Learn more about our criminal defense services.

What NOT to Do If You’re Arrested

• Do NOT resist arrest. Even if you believe it’s unfair, resisting can result in additional criminal charges.

• Do NOT answer police questions. The more you say, the more they can use against you.

• Do NOT agree to a search. You have the right to refuse any searches unless police have a warrant.

• Do NOT discuss your case with anyone but your lawyer. Even a phone call from jail can be recorded and used as evidence.

Brady Law: Fighting for the Accused in Massachusetts

At Brady Law, we’ve been defending the accused in Massachusetts for decades. We know that not everyone who is arrested is guilty, and we fight to ensure that your rights are protected every step of the way.

We’ve seen wrongful arrests, police mistakes, and overzealous prosecutions that have ruined people’s lives. That’s why we:

• Challenge unlawful police tactics and rights violations.

• Fight to get charges reduced or dismissed when possible.

• Defend clients in Walpole and across Massachusetts with aggressive, experienced legal strategies.

Final Thoughts: Your Rights Matter

An arrest can change your life, but how you handle it can change the outcome.

Never forget:

• Invoke your right to remain silent—don’t try to talk your way out of it.

• Request a lawyer immediately—never answer police questions alone.

• Know your rights and use them—police will not remind you of them.

• Do not resist or argue—stay calm and let your lawyer do the fighting for you.

For a full list of Massachusetts criminal laws, visit Massachusetts General Laws.

If you need experienced legal representation, Brady Law is here to help. Call us today to discuss your case and protect your future.

—

Disclaimer: This blog article is for informational purposes only and should not be considered a substitute for formal legal advice from Attorneys Jim and Steve Brady and Associates P.C. Please consult a qualified professional for personalized advice tailored to your needs.