Today Arrest and Arraignment in Massachusetts: What You Need to Know
If you’ve been arrested or are facing criminal charges in Massachusetts, understanding the arrest and arraignment process is crucial. Massachusetts criminal lawyer Patrick Donovan can guide you through this challenging time and protect your rights every step of the way.
The Arrest Process in Massachusetts
An arrest in Massachusetts typically occurs when law enforcement has probable cause to believe you’ve committed a crime. This can happen in various situations:
- During a traffic stop
- As a result of an investigation
- In response to a warrant
- At the scene of an alleged crime
When you’re arrested, the police must inform you of your Miranda rights, which include:
- The right to remain silent
- The right to an attorney
- The warning that anything you say can be used against you in court
It’s crucial to exercise these rights and avoid making any statements without a criminal lawyer present. Remember, even seemingly innocent comments can be used against you later in court.
After the arrest, you’ll be taken to the police station for booking. This process involves:
- Taking your fingerprints and photograph
- Recording your personal information
- Conducting a search for outstanding warrants
- Confiscating and inventorying your personal belongings
Bail and Release
Following the booking process, you may have the opportunity to be released on bail. In Massachusetts, bail can be set by:
- The police department
- A bail commissioner
- A judge during arraignment
The amount of bail depends on various factors, including:
- The severity of the alleged crime
- Your criminal history
- Your ties to the community
- The likelihood of you appearing for future court dates
If you can’t afford bail, a Massachusetts criminal lawyer can help argue for a lower bail amount or release on personal recognizance.
The Arraignment Process
An arraignment is typically your first court appearance after an arrest. In Massachusetts, arraignments usually occur within 24-48 hours of arrest, or on the next business day if arrested over a weekend.
During the arraignment, several important events take place:
- Formal Reading of Charges: The court will inform you of the specific charges against you.
- Plea Entry: You’ll be asked to enter a plea of guilty, not guilty, or no contest. In most cases, it’s advisable to plead not guilty at this stage, even if you plan to negotiate a plea deal later.
- Bail Determination: If bail hasn’t been set yet, the judge will decide whether to release you on personal recognizance or set a bail amount.
- Appointment of Counsel: If you can’t afford an attorney, the court will appoint a public defender to represent you.
- Setting of Future Court Dates: The court will schedule your next appearance, typically a pre-trial conference.
The Importance of Legal Representation
Having an experienced Massachusetts criminal lawyer by your side during the arrest and arraignment process is crucial. Here’s why:
- Protection of Rights: A skilled attorney ensures your constitutional rights are protected throughout the process.
- Bail Negotiation: Your lawyer can argue for lower bail or release on personal recognizance, potentially saving you thousands of dollars.
- Case Strategy: Early involvement allows your attorney to start building your defense strategy immediately.
- Plea Advice: An experienced criminal lawyer can advise you on the best plea to enter based on the specifics of your case.
- Charge Reduction: In some cases, your attorney may be able to negotiate with the prosecutor for reduced charges before or during arraignment.
Common Charges and Penalties in Massachusetts
Massachusetts law covers a wide range of criminal offenses, each with its own potential penalties. Some common charges include:
- OUI/DUI: Operating under the influence can result in license suspension, fines, and even jail time for repeat offenders.
- Drug Possession: Penalties vary based on the type and amount of drug, ranging from fines to lengthy prison sentences.
- Assault and Battery: This charge can be a misdemeanor or felony, with penalties including fines, probation, and imprisonment.
- Theft Crimes: Larceny, burglary, and robbery charges carry penalties that increase with the value of stolen property and use of weapons.
- Domestic Violence: These charges often result in protective orders and can have severe consequences for child custody and employment.
What to Do If You’re Arrested
If you find yourself under arrest in Massachusetts:
- Remain calm and polite, but exercise your right to remain silent.
- Do not resist arrest, even if you believe it’s unjustified.
- Ask to speak with a criminal lawyer immediately.
- Do not discuss your case with anyone except your attorney.
- Remember that phone calls from jail may be recorded.
- Contact a trusted friend or family member to help secure legal representation.
How a Massachusetts Criminal Lawyer Can Help
An experienced criminal defense attorney can provide invaluable assistance throughout the arrest and arraignment process:
- Immediate Representation: We can meet you at the police station or courthouse to provide immediate legal guidance.
- Case Evaluation: We’ll review the charges and evidence against you to identify potential weaknesses in the prosecution’s case.
- Bail Hearing Advocacy: We’ll argue for your release on favorable terms, presenting evidence of your community ties and lack of flight risk.
- Plea Negotiation: If appropriate, we can begin discussions with prosecutors to seek charge reductions or dismissals.
- Trial Preparation: If your case proceeds to trial, we’ll develop a strong defense strategy and prepare you for each stage of the process.
Massachusetts Criminal Attorney Patrick Donovan can help.
Facing an arrest and arraignment in Massachusetts can be a daunting experience. However, with the right legal representation, you can navigate this process more effectively and protect your rights. If you or a loved one has been arrested or is facing criminal charges, don’t hesitate to contact an experienced Massachusetts criminal lawyer immediately.
Remember, the decisions made during the early stages of a criminal case can have long-lasting impacts on your future. By securing skilled legal counsel promptly, you give yourself the best chance at a favorable outcome. Our team of dedicated Massachusetts criminal lawyers is here to provide the aggressive defense and compassionate support you need during this challenging time.
Call the Law Office of Patrick T. Donovan today for your initial consultation at 617 479-1800
Patrick T. Donovan represents clients in:
Abington, Avon, Braintree, Bridgewater, Brockton, Canton, Carver, Cohasset, Dedham, Duxbury, East Bridgewater, Easton, Foxborough, Freetown, Halifax, Hanover, Hanson, Hingham, Holbrook, Hull, Kingston, Lakeville, Mansfield, Mattapoisett, Marion, Marshfield, Middleborough, Milton, Norton, Norwell, Norwood, Pembroke, Plymouth, Plympton, Quincy, Randolph, Raynham, Rochester, Rockland, Scituate, Sharon, Stoughton, Walpole, Wareham, West Bridgewater, Westwood,
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Hudson, Ipswich, Lawrence, Lexington, Lincoln, Littleton, Lowell, Lynn, Lynnfield, Malden, Manchester, Marblehead, Marlborough, Maynard, Medfield, Medford, Medway, Melrose, Merrimac, Methuen, Middleton, Milford, Millis, Nahant, Newbury, Natick, Needham, Newburyport, Newton, Norfolk ,North Andover, North Reading, Northborough, Peabody, Pepperell, Plainville, Reading, Revere, Rockport, Rowley, Salem, Salisbury, Saugus, Sherborn, Shirley, Shrewsbury, Somerville, Southborough, Stoneham,
