Yes, in some situations. Massachusetts law allows warrantless arrests in certain circumstances, but in order for a criminal complaint to issue against a person, a court still has to find that there is probable cause that the person committed a criminal offense.  and when someone is arrested without a warrant, the court must still determine whether there was probable cause for detention.

The police can sometimes search a person or a car without a warrant, if an exception to the warrant requirement applies that allows for a search at a particular moment under certain well-defined circumstances.  Whether a warrantless search is legal depends on the facts, and different rules can apply to vehicles, a person’s clothing or something they are carrying pockets or containers, and digital data. In Massachusetts, police generally may not search the digital information contained on a seized cell phone without a warrant.

Not necessarily. If you are in custody, and the police question you without warning you of your rights to an attorney and to remain silent, it may be possible to keep any statements that were made as result of that questioning out of evidence, but it does not usually make the whole case disappear by itself. Whether it matters depends on when questioning happened and what evidence the prosecution is trying to use. Massachusetts definitely recognizes the privilege against self-incrimination, and excluding evidence obtained through improper questioning suppression issues are is typically raised through pretrial motions.

Yes. Innocent people can still be charged, pressured into making statements that are not true, or hurt by mistakes made by police or other law enforcement or witnesses early in the case. A defense lawyer helps protect your rights, evaluate the evidence, and avoid missteps from the start.

Yes. A criminal case is not just about guilt or innocence. It is also about what evidence can be challenged, what evidence may be or excluded, whether witnesses’ accounts can be called into question, whether charges can be reduced, and how to protect your record, license, job, or and freedom.

Massachusetts provides counsel for people who qualify financially through CPCS, the Committee for Public Counsel Services. A private lawyer is retained directly by the client, while appointed counsel is available for those who are indigent or otherwise eligible.

Usually, that is risky. What you say can be used against you, and seemingly harmless explanations can lock you into a version of events facts before the evidence is fully known. It is usually smarter to speak with a defense lawyer first or to simply decline to speak with the police at all. Remember, their job is to charge people with crimes. If you speak with the police, you may put yourself at risk of providing details that end with charges being filed against you.

Stay calm, do not resist, do not try to explain the situation or talk your way out of it, and do not consent to searches or questioning without legal advice. Get a lawyer involved as early as possible so that important factual and legal issues can be identified and potentially investigated before the case moves forward.

Sometimes. Charges may can be challenged based on weak evidence, because the facts alleged do not constitute a crime, as well as constitutional violations, witness problems, or if a prosecutor exercises his or her discretion to dismiss a charge. Massachusetts criminal procedure allows for pretrial motions to help resolve cases before they reach a trial. and requires the prosecution to disclose favorable information to the defense.

Not always. In Massachusetts, some records may later be eligible for sealing or expungement, but whether you are eligible to have your case sealed or expunged eligibility depends on the charge, the outcome of your case, and, in certain circumstances, the timing of your request. An attorney can help you understand your options for removing a criminal charge from your record.  This is a useful FAQ topic because people searching for a defense lawyer often care deeply about long-term damage.