Arrested in Massachusetts? What Happens Next (2026 Guide)
Arrested in Massachusetts?
Here is exactly what happens — from arrest to arraignment — and what you should (and should not) do to protect yourself.
If you were arrested in Boston, Quincy, Malden, Cambridge, Somerville, or anywhere in Massachusetts, the first 24–48 hours are critical.
Attorney Patrick Donovan is a former Massachusetts prosecutor who has represented clients in District Courts throughout the Commonwealth for nearly two decades.
📞 Call now for a confidential consultation: 617-479-1800
What Happens Immediately After You’re Arrested in Massachusetts?
Police must have probable cause to arrest you. Arrests commonly occur:
- During a traffic stop
- After a domestic incident
- Following the execution of a warrant
- During a criminal investigation
- At the scene of an alleged offense (bar incident, casino arrest, assault, etc.)
Your Miranda Rights in Massachusetts
Police must inform you:
- You have the right to remain silent
- You have the right to an attorney
- Anything you say can be used against you in court
⚠️ Important: Do not try to “explain your side.”
Statements made during arrest or booking are often used as evidence.
The Booking Process in Massachusetts
After arrest, you are taken to the police station for booking. This includes:
- Fingerprinting
- Mugshot photograph
- Criminal history check
- Property inventory
- Entry into the Massachusetts criminal system
If you are held overnight, you will typically be arraigned the next business day.
Bail in Massachusetts: Will You Be Released?
Bail may be set by:
- A bail commissioner
- A clerk magistrate
- A judge at arraignment
Judges consider:
- Severity of the charge
- Prior criminal record
- Community ties
- Risk of flight
- Public safety concerns
If bail is unaffordable, an experienced defense attorney can argue for:
- Release on personal recognizance
- Reduced bail
- Removal of restrictive conditions
What Is Arraignment in Massachusetts?
An arraignment is your first court appearance.
It usually occurs within 24–48 hours of arrest.
At arraignment:
- Charges are formally read
- A plea is entered (almost always Not Guilty)
- Bail is reviewed
- Conditions of release are imposed
- A public criminal record entry is created
⚠️ Once arraigned, your case becomes public record.
In some situations, early intervention through a Clerk Magistrate Hearing may prevent charges from issuing.
Massachusetts arraignments take place in District Court or Superior Court depending on the charge. Most misdemeanor arrests are handled in District Court, while serious felony charges may proceed to Superior Court after probable cause hearings. Understanding which court will handle your case is an important part of your defense strategy.
Common Criminal Charges in Massachusetts
Massachusetts District Courts handle thousands of cases, including:
OUI / DUI
- License suspension
- Fines
- Ignition interlock device
- Jail (repeat offenses)
Assault & Battery
- Misdemeanor or felony
- Possible jail time
- Protective orders
Domestic Violence
- 209A restraining orders
- Stay-away orders
- Firearm surrender
- GPS monitoring
Drug Possession
- Mandatory minimum sentences (some offenses)
- School zone enhancements
- Felony exposure
Theft / Larceny
- Under $1,200 (misdemeanor)
- Over $1,200 (felony)
- Restitution
What You Should Do If You’re Arrested
- Remain calm.
- Do not resist arrest.
- Do not answer questions.
- Clearly request an attorney.
- Do not discuss your case on jail phone calls (they are recorded).
Even minor charges can have long-term consequences:
- Permanent criminal record
- Employment impact
- Immigration consequences
- License suspension
- Housing restrictions
Can Criminal Charges Be Dismissed in Massachusetts?
Yes — depending on the evidence.
A strong defense may involve:
- Challenging probable cause
- Suppressing illegal searches
- Questioning field sobriety tests
- Reviewing body camera footage
- Examining witness credibility
- Filing pretrial motions
Early legal strategy often makes the difference.
Why Hiring a Criminal Defense Lawyer Immediately Matters
The first 48 hours shape your case.
An experienced Massachusetts criminal defense attorney can:
- Argue bail immediately
- Prevent damaging statements
- Request discovery early
- Preserve surveillance evidence
- Negotiate before arraignment
- Begin dismissal strategy
Attorney Patrick Donovan is a former Massachusetts prosecutor with nearly two decades of courtroom experience in District Courts throughout the Commonwealth.
Frequently Asked Questions About Arrest in Massachusetts
How soon is arraignment after arrest?
Usually the next business day if held overnight.
Does an arrest automatically create a criminal record?
No. A criminal record is created once you are arraigned.
Can I get my case dismissed before arraignment?
Sometimes — through a Clerk Magistrate Hearing.
What if I cannot afford bail?
A lawyer can argue for release on personal recognizance.
Should I talk to police to clear things up?
No. Always request an attorney first and do not make statements without counsel present.
Arrested in Massachusetts? Protect Yourself Now.
Do not assume the case is minor.
Do not assume charges will go away.
Do not wait until your court date to hire counsel.
📞 Call now for a confidential consultation: 617-479-1800
The decisions made in the first 24 hours
