What Should You Do If You’re Arrested in Massachusetts?

May 7, 2026

What Should You Do If You’re Arrested in Massachusetts?

Being arrested in Massachusetts can be frightening and overwhelming. Whether the charges involve OUI, assault, drug offenses, theft, or another criminal allegation, what you do in the hours and days following your arrest can significantly affect the outcome of your case.



If you are arrested, staying calm and understanding your rights is critical.


1. Remain Calm and Do Not Resist

Even if you believe the arrest is unfair or mistaken, do not resist. Arguing, struggling, or attempting to flee can lead to additional charges and complicate your defense.


You have the right to remain silent — and you should use it.


2. Exercise Your Right to Remain Silent

Under the Fifth Amendment, you are not required to answer questions from law enforcement.


You should clearly state:


“I am invoking my right to remain silent and would like to speak with an attorney.”

Do not attempt to explain your side of the story at the scene. Anything you say can be used against you later in court.


3. Request an Attorney Immediately

You have the right to legal representation. Ask to speak with a criminal defense attorney as soon as possible.


Do not discuss your case with:

  • Police officers
  • Other inmates
  • Friends over recorded jail calls
  • Anyone other than your attorney


Conversations in police custody are often recorded and monitored.


4. Understand the Booking and Arraignment Process

After an arrest in Massachusetts, you will typically go through:


  • Booking (fingerprints and photographs)
  • Bail determination
  • Arraignment in court (usually the next business day)


At your arraignment, the charges will be formally read, and the court will determine conditions of release.

Having an experienced criminal defense attorney present at this stage can make a significant difference in bail and case strategy.


5. Do Not Post About the Arrest on Social Media

Avoid discussing your arrest online. Prosecutors may review social media accounts for statements, photos, or comments that could harm your defense.

Even seemingly harmless posts can be misinterpreted.


6. Begin Preparing Your Defense Immediately

Early legal intervention allows your attorney to:


  • Review police reports
  • Examine whether your rights were violated
  • Identify weaknesses in the prosecution’s case
  • Contact potential witnesses
  • Preserve important evidence


In some cases, early action can lead to reduced charges or dismissal.


Why Acting Quickly Matters

The sooner you involve a defense attorney, the more options you may have. From challenging improper searches to negotiating favorable bail conditions, timing can be critical.


Whether you are facing misdemeanor or felony charges, you deserve a strong defense.


Protect Your Rights and Your Future

An arrest does not mean a conviction. Every case deserves careful review and a strategic defense.


At The Law Office of William J. O’Neil in East Longmeadow, Massachusetts, we provide experienced criminal defense representation throughout Western Massachusetts. We examine every detail, protect your constitutional rights, and fight for the most favorable outcome possible.


If you or a loved one has been arrested, call 413-675-5151 today to schedule a consultation and take the first step toward protecting your future.

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