Protecting Yourself after an Arrest in Massachusetts
Being arrested can be an incredibly stressful and overwhelming experience, especially if you had no idea that you were under investigation in connection with a crime. Not only will you be experiencing the immediate physical effects of being taken into custody, but you will also likely feel scared, anxious, and uncertain about what comes next. While these emotions are completely understandable, you must make every effort to stay sharp and enforce your rights during and after you are arrested and charged with a crime. Below, we discuss best practices for protecting yourself after being arrested in Massachusetts.
Do Not Resist
A sudden arrest can feel invasive and unfair, especially if you are confident that you have done nothing wrong. Still, it is not in your best interest to become combative should the police arrive to arrest you. No matter how unjust or excessive it feels, remain calm and follow the officers’ instructions. Do not attempt to run or resist, as these acts can lead to additional criminal charges and even physical harm. In Massachusetts, resisting arrest is considered a crime and can be charged as such if you do not comply with an officer’s request.
Pay Attention
When making an arrest, police in Massachusetts are required to explicitly explain your Miranda rights, which include your right to remain silent and your right to an attorney. There is a pervasive myth that your case will automatically be thrown out if your Miranda rights are not reviewed, but there are consequences for the prosecution if this requirement is not met. Any statements you give after being arrested but prior to your Miranda rights being read cannot typically be used against you in a court of law. Consequently, it pays to be mindful of whether the arresting officer reviews these rights at the time of the arrest. Keep in mind that the police do not have to necessarily remind you of your Miranda rights when you are being questioned, even if the questioning occurs at a police station and is in connection with a crime. The police only have to read your Miranda rights when you are being arrested and detained.
Stay Silent, Sign Nothing
When reviewing your Miranda rights, the police should remind you that you have the right to remain silent. Follow this advice. Say absolutely nothing during and after an arrest. Avoid the urge to defend yourself or point out facts that you believe may exonerate you. Anything you say can and will be used against you. The police will in many cases go to great lengths to convince you to relinquish your right to remain silent. They may subject you to extended questioning or ask you to provide a statement. They could attempt to intimidate you by suggesting that not speaking implies guilt. Do not fall for these tactics. The police are not there to help you, no matter what they say, so do not answer any questions or sign any statements without first consulting a legal professional.
Ask for an Attorney
There is one thing – and only one thing – you should say during and after an arrest. Assert your rights by asking to speak to an attorney. In an ideal world, this request would be immediately honored, but the police may avoid letting you speak to a lawyer for an extended period of time. Do not let them wear you down: Continue to ask for an attorney and say nothing else. Then, get in touch with Brad Bailey Law. We have successfully defended individuals charged with violent crimes, domestic violence crimes, sex crimes, white-collar crimes, federal crimes, and more, and our accomplished team is ready to put our over 35 years of experience to work for you.
Schedule a free initial consultation by calling (617) 500-0252 or contacting us online.