Getting arrested is terrifying. Everything moves fast, nothing is explained well, and most people have no idea what their rights are in the moment. The decisions you make in the first few hours after an arrest—what you say, what you agree to, and when you get a lawyer involved—can shape the outcome of your entire case. This post walks you through what to expect and what to do.
Use Your Right to Remain Silent
This is the most important thing you can do after an arrest, and it costs you nothing. The Fifth Amendment and Article 12 of the Massachusetts Declaration of Rights protect you from being compelled to incriminate yourself. You are required to provide basic identifying information—your name and date of birth. Beyond that, you don’t have to answer questions. You don’t have to explain what happened, where you were going, or who you were with.
If police begin questioning you, say this: “I am exercising my right to remain silent. I want to speak with a lawyer.” Then stop talking. Don’t try to explain your way out of it. Don’t make small talk in the cruiser or in the holding cell. Don’t discuss the facts of your case on the phone—calls from police stations are recorded. Anything you say, even something that seems harmless, can and will be used against you.
Do Not Consent to Searches
The Fourth Amendment protects you from unreasonable searches and seizures. Police generally need a warrant to search your person, your vehicle, your phone, or your home. The biggest exception is consent—and officers are trained to get it. “Mind if I take a quick look?” sounds casual, but saying yes waives your constitutional protection entirely.
The response is simple: “I do not consent to any searches.” Say it clearly and calmly. If officers search you anyway, your attorney can challenge the legality of that search in court. But if you gave permission, that argument is gone. This applies to your phone as well. Under Riley v. California (2014), police need a warrant to search your phone’s contents, even during a lawful arrest. Do not unlock it. Do not provide your passcode.
The Booking Process
After you’re transported to the station, you’ll go through booking—an administrative process that creates a formal record of your arrest. Officers will record your personal information, take your photograph and fingerprints, and inventory your belongings. You should receive a property receipt. A pat-down search at this stage is standard, but it doesn’t extend to the contents of your phone without a warrant.
You’re entitled to a phone call. Use it to contact a lawyer—or a family member who can reach one on your behalf. Keep the call short and don’t discuss what happened. Cooperate with the administrative steps of booking, but continue exercising your right to silence about the substance of the charges.
When a Lawyer Gets Involved
If you can hire a private attorney, call one as soon as possible. An experienced criminal defense lawyer can begin advising you immediately—even from a phone call at the station—and can start preparing for arraignment before you ever see a judge. If you cannot afford an attorney, you will be assigned one through the Committee for Public Counsel Services (CPCS), typically at arraignment. Either way, once you ask for a lawyer, police must stop questioning you until one is present.
What to Expect Before Arraignment
Massachusetts requires that you be brought before a judge “without unnecessary delay“—in practice, within 24 hours or on the next business day. In some cases, a bail magistrate can set bail at the station under G.L. c. 276, §58, and if you can post it, you’ll be released with a date to appear in court.
At arraignment, the charges are read, you enter a plea—almost always “not guilty,” which is standard and preserves all of your options—and the judge addresses bail and any conditions of release. Your attorney will argue for the most favorable terms possible. From there, your case moves into the pretrial phase, where the real defense work begins.
Don't Wait to Get Help
An arrest is not a conviction. But what you do in the first hours matters enormously. If you or someone you care about has been arrested in Eastern Massachusetts, an experienced Boston criminal defense attorney is all you need. Contact the Law Office of Matthew Peterson today for a consultation.
