Arrested in Massachusetts — What Happens First? A Complete Guide to the Process
An arrest is one of the most destabilizing experiences a person can face. Families are suddenly pulled into a legal system they do not understand, and defendants are asked to make decisions that can have consequences for years. Even clients who are intelligent, successful, and resourceful often describe the first few hours after an arrest as a blur.
This guide is designed to steady the ground under your feet. It explains, in clear and practical terms, what happens immediately after an arrest in Massachusetts, how the court process unfolds, and what steps you should take to protect yourself. It reflects the realities of Massachusetts practice—how police operate, how magistrates review cases, how judges set bail, and what defense attorneys must do to safeguard a client from the very start.
Whether you were arrested yourself, are trying to help a family member, or are preparing for your first court date, this overview will give you the clarity you need to move forward.
1. The Moment of Arrest: What Police Must Do
When a person is arrested in Massachusetts, several requirements attach immediately.
Police must identify the reason for the arrest.
Officers must inform the person of the charge or reason for the arrest at the time it occurs. They do not need to provide a detailed explanation, but they must give enough information for the person to understand why they are being taken into custody.
You do not have to speak.
People often feel pressured to “explain themselves” in the moment. Understand that you are in no position to clear anything up. Anything said to police can be used later, and officers are trained to appear sympathetic while gathering evidence. Silence protects you; it never hurts you.
Miranda warnings apply during custodial interrogation.
Police must read Miranda warnings before asking questions in custody. Many clients believe that if Miranda is not read at the moment of arrest, the entire case is ruined. That is not the law. Miranda only applies when police question you while you are not free to leave. Still, if you never answer questions, Miranda issues often become irrelevant.
The search incident to arrest.
Police are allowed to search your person, pockets, and immediate belongings for weapons or evidence. They are not permitted to search your home, car, or phone without a warrant or a legal exception. Many cases turn on whether police exceeded these boundaries.
2. Transport to the Station: What Happens Next
After the arrest, the person is brought to the police station for “booking.” Booking is not optional; it is part of the intake process.
Booking includes:
Fingerprinting
Photographs
Recording basic identifying information
Inventory of personal property
A decision about whether bail will be offered by the bail magistrate
At this stage, police may try to talk to you. You still do not need to answer questions. You cannot talk your way out of the situation. The safest sentence any arrested person can say is simple and polite:
“I want to speak to a lawyer.”
Once that sentence is used, questioning must stop.
3. The Bail Magistrate: Release or Hold Overnight
In Massachusetts, bail may be set by a bail magistrate—a judicial officer who comes to the police station, usually in the evening or early morning hours. Their role is limited: they decide whether a person can be released before morning and, if so, whether they must post money.
Factors the magistrate considers:
The seriousness of the charge
Any prior defaults on court appearances
Criminal history
Ties to the community
Employment and housing stability
Risk of flight
A magistrate’s decision is not a reflection of guilt; it is simply an assessment of whether the person is likely to appear in court.
If bail is set and posted, the person is released with a written promise to appear in court the next business day. If bail cannot be posted, the person is held overnight until arraignment.
4. The Arraignment: Your First Court Appearance
The arraignment is the formal beginning of the criminal case. For many clients, it is also the moment where they feel the greatest anxiety. Understanding the steps helps restore a sense of control.
The arraignment typically includes:
a. Calling the case
You and your attorney approach the podium. The clerk reads the charges into the record.
b. Entering a plea
Almost all arraignments involve a plea of not guilty. This is not a commentary on the facts. It simply protects your rights while the case begins.
c. Bail arguments
The prosecutor may request bail or certain conditions of release. Your attorney argues for your release on personal recognizance or for reasonable conditions.
Common conditions include:
No contact with a certain person
Staying away from a home
Drug or alcohol testing
GPS monitoring
Pretrial probation check-ins
This is where an experienced defense lawyer matters. Bail arguments require preparation, knowledge of the judge, and a careful presentation of the client’s life circumstances. A strong defense argument can be the difference between walking out the front door and being taken into custody.
d. Scheduling
Finally, the court sets dates for:
Pretrial conference
Motion deadlines
Probable cause hearings (in District Court felonies)
Compliance and election dates
Future status or motion hearings
Once the arraignment is complete, the case formally enters the Massachusetts criminal court system.
5. What You Should Do Immediately After Arraignment
Most defendants leave court feeling overwhelmed. The next steps are critical.
a. Meet with your lawyer promptly
This is the time to discuss:
Discovery
Potential defenses
Witnesses who may need to be contacted
Social or work consequences
Whether a private investigator should be involved
b. Preserve evidence
In many cases, crucial evidence disappears within days:
Text messages
Phone logs
Surveillance footage
Vehicle GPS data
Social media content
Your lawyer can send preservation letters or file emergency motions if needed.
c. Follow all conditions of release
Violating conditions—even unintentionally—can lead to immediate arrest. Judges take release conditions seriously. Treat them as non-negotiable.
6. Common Mistakes People Make After an Arrest
Talking to the police after the arraignment
Clients sometimes believe they can “clear things up” once they have had a night to think. This is a serious mistake. If police want more information, it is almost always because the case is weak—not because the client can fix it.
Posting about the case on social media
Prosecutors routinely check Facebook, Instagram, and TikTok. A single post can destroy an otherwise strong defense.
Trying to contact the alleged victim
Even if the person wants contact, you must obey the court order. Violations can lead to new charges or revocation of bail.
Missing court dates
Even one missed appearance can result in a warrant. A good lawyer will help track dates and file motions when emergencies arise.
7. How a Skilled Massachusetts Criminal Defense Attorney Helps Immediately
A knowledgeable defense lawyer can change the trajectory of a case from the first hour of involvement.
Early intervention matters because a lawyer can:
Contact the bail magistrate
Prepare for arraignment
Present a strong bail argument
Prevent damaging statements
Preserve helpful evidence
Begin negotiations with the prosecutor
Challenge unconstitutional searches
Identify weaknesses in the case before they harden
Clients often tell me that the worst part of an arrest is the fear of the unknown. When a lawyer steps in early, the fear dissipates, and the case becomes manageable.
Q&A: Common Questions After an Arrest in Massachusetts
Q: Will I go to jail after being arrested?
Not necessarily. Many people are released by the bail magistrate or released at arraignment on personal recognizance.
Q: Do I have to speak to the police?
No. You have the absolute right to remain silent. Exercising that right protects you.
Q: What should I tell my family?
Tell them the date of your next court appearance and that you cannot discuss details over jail calls or texts, which are recorded.
Q: How long will my case take?
Misdemeanors usually take months; felonies take longer. Superior Court cases can take a year or more.
Q: Do I need a lawyer immediately?
Yes. Early legal intervention is one of the most important factors in protecting your rights.
The first hours after an arrest can shape the entire case. Before you speak with police or make decisions on your own, get the protection you need. Reach out to Benzaken, Sheehan & Wood, LLP to speak with a Massachusetts criminal defense attorney who can act quickly on your behalf.