What Happens If You Get Arrested in Massachusetts


I was just arrested now what?

First, invoke your right to remain silent.  Shut up.  Do not give any confessions.  Do not give any statements.  Do not sign anything that even remotely smells like a statement or admission.  You have a constitutional right not to make a statement to the police.

Second, demand to speak to your lawyer, immediately.  You have a constitutional right to speak to your lawyer before questioning by the police, but only if you request one.  Once you have demanded to speak to your attorney do not speak to the police until your lawyer speaks to you.  The police DO NOT have to get a lawyer for you but they do have to stop questioning you.

Third, do not talk to your cell mates regarding your case.  They may inform on you to get leniency in their cases.  You may have to talk to them but you do not have to discuss the specifics of your case.

Fourth, if you are arrested for Driving While Intoxicated you should refuse to give a breath sample if you have had anything at all to drink.  You should refuse to participate in any field sobriety test.  If you have been drinking you should refuse to admit anything at all.  If you have “an odor of alcohol on your breath” you will most likely be arrested anyway as almost every police officer will not gamble his future on letting you go with the possibility that you may end up in an accident or cause an accident.  Any admission is likely to result in your arrest anyway.  Giving a breath test that shows a blood alcohol over .08 is going to be admissible as evidence and may be the basis for a conviction alone. Failing a field sobriety test is admissible and may result in conviction.  You have the right to remain silent and to refuse to give evidence about yourself so USE THAT RIGHT!

Fifth, even if you cannot afford to hire an attorney you can have one appointed for you.  When you do this you will be getting the next lawyer in line that day.  Most of these attorneys are excellent but you need an expert in drunk driving so you should plead “not guilty,” tell the judge you will hire your own attorney, and ask for copies of all of your reports from the court so that you may give them to the attorney of your choice.  If you cannot afford an attorney, the court has documents for you to fill out to see if you are eligible for a court appointed attorney.  Ask for these when you report to probation the very first day in court.

If you have been arrested and would like more information or assistance, feel free to contact us at (617) 328 -6900 or visit our website at www.rsweeneylaw.com.

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Explore posts in the same categories: College Student Crimes, False ID, Mass Criminal Law, Mass Driving Law, Mass Law, Student Drinking

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