What to Do in the First 24 Hours After an Arrest in Massachusetts

By Attorney Joseph Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense

June 2026

An arrest in Massachusetts initiates a sequence of procedural events that moves faster than most people expect. Under Massachusetts law, a person who has been taken into custody must be brought before a judge “without unnecessary delay” — in practice, within 24 hours or on the next business day. The decisions made during that window, and the actions taken or avoided in the hours immediately following an arrest, have a direct and often determinative effect on the outcome of the case. This analysis sets out, in procedural order, what happens after a Massachusetts arrest and what an accused person must and must not do at each stage.

Step 1: The Arrest and Your Immediate Rights

A Massachusetts arrest is lawful only if the arresting officer has probable cause to believe the person committed a crime. An officer who makes a warrantless arrest in a public place for a misdemeanor generally must have witnessed the offense, with limited statutory exceptions. A warrantless arrest at a private residence requires exigent circumstances. An arrest that lacks probable cause is itself a constitutional violation and can provide grounds to suppress evidence obtained as a result.

At the moment of arrest, two constitutional protections become immediately operative. The Fifth Amendment to the United States Constitution and Article 12 of the Massachusetts Declaration of Rights protect the accused from being compelled to make self-incriminating statements. The Sixth Amendment and Article 12 guarantee the right to counsel. These rights are not automatic in their operation — they must be affirmatively invoked.

The correct response to any police questioning, at the scene, in the cruiser, or at the station, is a single clear statement: “I am invoking my right to remain silent and I want to speak with a lawyer.” Nothing further should be said. Officers are legally permitted to continue speaking to an arrested person, to make representations about leniency, and to present a narrative of the evidence against them. None of it requires a response. Under Berghuis v. Thompkins (2010), silence alone does not constitute an invocation of the right — the invocation must be explicit.

Step 2: Booking at the Police Station

After transport to the station, the accused is processed through booking — a standard administrative procedure that creates the formal arrest record. Booking involves fingerprinting, photographing, and collection of basic identifying information. A property receipt should be issued for any personal belongings held.

Massachusetts law under M.G.L. c. 276, § 33A requires the police to advise the arrested person of their right to make a telephone call, to have an attorney present before questioning, and to have an attorney appointed if they cannot afford one. This right to a telephone call is enforceable and should be exercised immediately to contact a defense attorney.

Two critical warnings for the booking stage. First, telephone calls from a Massachusetts police station are routinely recorded. Every statement made on those calls — to family members, to friends, about the facts of the arrest — is potentially available to the prosecution. Discuss nothing about the facts of the case on a recorded line. Second, conversations with other persons in the booking area or holding cell are not protected. Statements made to other detainees have been used as evidence against defendants.

With respect to digital devices: if police ask for access to a smartphone or computer, the answer is no. Under Riley v. California (573 U.S. 373, 2014), law enforcement must obtain a warrant before searching the digital contents of a seized phone. Providing a passcode voluntarily waives this protection entirely and irrevocably. See our full analysis: Digital Search Warrants in Massachusetts.

Step 3: Bail Determination

Following booking, a bail commissioner may review the case and set bail under M.G.L. c. 276, § 58. The bail commissioner’s function is limited to setting the conditions under which the accused may be released pending arraignment — they do not adjudicate the underlying charge.

The factors a bail commissioner considers include the seriousness of the charge, the accused’s prior criminal record, ties to the community, employment status, and the risk of flight. For most first-time misdemeanor arrests, release on personal recognizance — without cash bail — is available. For more serious charges, particularly domestic violence offenses, the accused is frequently held without bail or with substantial conditions until the arraignment.

If held overnight, the accused will be transported to the applicable District Court or Boston Municipal Court for arraignment on the next business day. An attorney retained before arraignment can appear and argue for the most favorable bail conditions at that hearing.

Step 4: The Arraignment — The Most Consequential Administrative Event in a Massachusetts Criminal Case

The arraignment is the first formal court appearance. It is not a trial and no evidence is presented. Its function is threefold: the court formally reads the charges, the accused enters a plea, and the judge addresses bail and any conditions of release.

The arraignment carries one consequence that most defendants do not fully understand until it is too late: the moment the judge calls the case, the charge is permanently entered onto the defendant’s public Criminal Offender Record Information (CORI). This entry is created regardless of how the case ultimately resolves. Even a charge that is subsequently dismissed after months of litigation, or a verdict of not guilty at trial, generates a CORI entry that remains visible on background checks — potentially for years — until it becomes eligible for sealing or expungement.

This is why the clerk-magistrate hearing — available for most misdemeanor offenses where the police did not make a warrantless arrest — is so strategically valuable. A case resolved at the clerk-magistrate stage, before arraignment, generates no CORI entry of any kind. The matter is permanently closed off the public record. For students, licensed professionals, and anyone for whom a criminal record carries particularly severe collateral consequences, retaining counsel before arraignment — and ideally before the clerk-magistrate hearing — is not optional. It is essential.

At arraignment, the correct plea in virtually every case is not guilty. Entering a not-guilty plea preserves all options: the ability to negotiate with prosecutors, to file motions, to seek dismissal, or to proceed to trial. It is not an admission of anything and it does not prevent a later resolution by plea. An attorney will enter this plea on the defendant’s behalf.

Step 5: The Pre-Trial Phase — Where Defenses Are Built

After arraignment, the case enters the pre-trial phase. This is the period during which the real work of a criminal defense occurs. The defense attorney obtains discovery — the prosecution’s evidence, including police reports, witness statements, surveillance footage, dispatch records, forensic reports, and any exculpatory material the Commonwealth is required to disclose under Brady v. Maryland (373 U.S. 83, 1963) and its Massachusetts progeny.

The pre-trial phase is also when motions are filed. A Motion to Suppress challenges evidence obtained in violation of the Fourth Amendment — an illegal search or seizure, a defective warrant, an unlawful stop, a coerced statement. If the motion is granted, the evidence is excluded from trial. In many cases, suppression of the key evidence results in dismissal of the charges entirely because the prosecution cannot proceed without it.

Pre-trial conferences are scheduled at regular intervals. These are the forums in which plea negotiations occur. The Commonwealth may offer a Continuance Without a Finding (CWOF), pretrial probation, or a reduced charge. Whether to accept any offer is a decision that belongs to the defendant, made with the benefit of full legal advice about the strength of the evidence, the likelihood of success at trial, and the collateral consequences of each option.

What You Must Do in the First 24 Hours: A Clear Checklist

• Invoke your right to remain silent explicitly. Say: “I am invoking my right to remain silent. I want a lawyer.” Then stop talking.
• Do not consent to any search — of your person beyond a pat-down, your vehicle, your home, or your phone. Say: “I do not consent to any searches.”
• Do not provide your phone passcode under any circumstances. Under Riley v. California, police need a warrant to search your phone’s contents.
• Make your phone call to a criminal defense attorney as soon as you are permitted to do so under M.G.L. c. 276, § 33A.
• Do not discuss the facts of your case on any recorded police station telephone line.
• Do not discuss the facts of your case with other persons in the booking area or holding cell.
• Do not attempt to contact the complainant or any witness — even to explain or apologize. Contact with a complainant before arraignment can result in additional charges.
• If you are released, preserve all evidence: photographs of any relevant locations or injuries, names and contact information for any witnesses, and any communications relevant to the incident.

What Not To Do After Arrest: The Mistakes That Harm Cases

The most consequential errors in Massachusetts criminal cases are made not in the courtroom but in the first hours after an arrest. These are the patterns that experienced defense attorneys see repeatedly.

Attempting to explain your version of events to the police. Officers conducting a post-arrest investigation are not neutral fact-finders. Their role at this stage is to build a case for the prosecution. A statement that is intended to exculpate frequently contains admissions that establish the elements of the charged offense. The right to remain silent exists precisely because the legal system recognizes how often honest, truthful statements by innocent people are used against them.

Posting about the incident on social media. Social media posts made after an arrest — including expressions of frustration, communications with friends, or statements that appear unrelated to the incident — are discoverable and have been used as evidence at trial. Lock down all social media accounts and post nothing.

Contacting the complaining witness. In domestic violence cases, restraining order matters, and cases involving a named complainant, any contact — calls, texts, emails, messages through third parties — with the complaining witness before arraignment can result in additional charges. If a 209A order is in effect, any contact is itself a separate criminal offense.

Assuming the case will resolve itself. A criminal charge in Massachusetts does not evaporate without intervention. The District Attorney’s Office independently controls the prosecution — the decision to charge or not charge does not belong to the complainant. Even cases in which the complaining witness expresses a desire not to prosecute frequently proceed to trial on the strength of police observations, 911 recordings, and other physical evidence.

Special Considerations for Licensed Professionals and Students

For licensed professionals — attorneys, physicians, nurses, engineers, financial advisors, contractors, and others holding state-issued licenses — a Massachusetts criminal arrest carries consequences that extend well beyond the criminal case itself. Licensing boards including the Board of Registration in Medicine, the Board of Bar Overseers, the Division of Professional Licensure, and others may initiate independent administrative proceedings upon notice of a criminal charge. In some cases, a suspension or emergency restriction of the professional license can be imposed before the criminal case is resolved.

For university students, a criminal arrest in Greater Boston triggers a parallel proceeding through the university’s Office of Student Conduct or Dean of Students. Campus disciplinary proceedings operate under the lower “preponderance of the evidence” standard rather than the criminal “beyond a reasonable doubt” standard. A student can be suspended or expelled on the basis of a campus proceeding even if the criminal charge is subsequently dismissed. Coordination between the criminal defense and the campus proceeding is essential and must begin immediately.

Where Will Your Case Be Heard?

Massachusetts criminal cases are heard in the District Courts and the Boston Municipal Court (for misdemeanors and lower-level felonies) or the Superior Court (for serious felonies). The court that hears your case depends on the location of the alleged offense and the severity of the charge.

The specific court matters. Clerk-magistrates, judges, and prosecutors vary significantly across jurisdictions. Cambridge District Court, for example, handles a disproportionate volume of cases involving Harvard and MIT students and Kendall Square professionals, and its culture reflects that constituency. Quincy District Court handles the South Shore and has its own established norms. An attorney with deep familiarity with the specific court where your case is pending is at a significant advantage over one who practices across the state without local roots.

Key Takeaways

• An arrest in Massachusetts triggers a mandatory arraignment within 24 hours or on the next business day. The arraignment permanently enters the charge onto the defendant’s public CORI record — regardless of how the case ultimately resolves.
• The right to remain silent and the right to counsel must be affirmatively invoked. Saying “I am invoking my right to remain silent and I want a lawyer” is the only statement that should be made to police.
• Telephone calls from a Massachusetts police station are recorded. Do not discuss the facts of your case on a station telephone line or with other persons in the booking area.
• Under Riley v. California, police must obtain a warrant to search a phone’s digital contents. Do not provide a passcode or consent to a device search.
• For most misdemeanor offenses where police did not make a warrantless arrest, a clerk-magistrate (Show Cause) hearing is available before arraignment. Winning at this stage means no CORI entry of any kind is created. This is the single most valuable procedural opportunity in Massachusetts criminal law.
• Licensed professionals and university students face collateral consequences — licensing board proceedings and campus disciplinary proceedings — that operate independently of the criminal case and may move faster. Both must be addressed from the moment of arrest.
• Contact the complaining witness for no reason. Any contact before arraignment, even to apologize, can result in additional charges and will be used against the defendant at every subsequent stage.

Serpa Law Office is available 24 hours a day, seven days a week. If you or someone you know has been arrested anywhere in Eastern Massachusetts, contact Attorney Joseph Serpa immediately at 617.936.0201. The first consultation is free.

See also: Greater Boston & Massachusetts Criminal Case FAQs, The Complete Guide to Massachusetts Clerk-Magistrate Hearings, and A Practitioner’s Guide to Massachusetts Clerk-Magistrate Hearings.