Law Office of Aurelie M. Couturier, P.C.

Massachusetts Criminal Defense Lawyers

Know Your Legal Rights in Massachusetts

According to Massachusetts Criminal Laws under both the US and Massachusetts Constitutions, all criminal suspected have the following rights:

WHAT IS A MIRANDA WARNING/ MIRANDA RIGHTS
A Miranda warning advises people of their constitutional right not to answer questions (you have the right to remain silent, anything you say can and will be used against you in a Court of law) and you have the right to have an attorney present before they answer any questions.

IF I AM NOT UNDER ARREST, DO I HAVE TO ANSWER A POLICE OFFICER'S QUESTIONS
No. Unless you are placed under arrest you are free to leave at any time and you do not have to answer the officer's questions.

MUST A POLICE OFFICER ALWAYS INFORM A PERSON OF THEIR MIRANDA RIGHTS BEFORE ASKING THEM A QUESTION?
No. The Miranda warning is only in effect during a "custodial interrogation". A custodial interrogation means that the police have arrested you or that you are either in custody or in an environment in which you do not believe that you are free to leave. In this case, the police have to give you the Miranda Warning. If the police are merely investigating a possible crime and asks you for information, they do not have to give you the Miranda Warnings. Of course, anything you say can and will be used against you at a later time.

For example: Officer Investigator is investigating an armed robbery at the local gas station. The attendant indicates that a customer named Mary Lookout may have seen the robber. When Officer Investigator interviews Mary Lookout, Mary makes statements implicating herself in the robbery as a lookout. Can the police use Mary's statements against her later, even though she was not given her Miranda Warning? The answer is yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to, but she talked to Officer Investigator and answered his questions.

WHAT SHOULD I DO IF THE POLICE QUESTION ME
Do not answer the police officer's questions. Be polite, and inform the police officer that you want to speak with an attorney before answering any questions. By exercising your right to remain silent, you reduce the amount of evidence the Commonwealth will have at their disposal to use against you. You must assume that they already believe you are guilty of whatever they allege you did. Do not attempt to explain yourself or the situation you found yourself in. There will be plenty of opportunities for that later. Do not sign any statements or give any information to them because they promise to "help you out". Be polite and ask to talk to a lawyer immediately.

WHAT SHOULD I DO IF THE POLICE ARREST ME
Always be polite, and give the police basic information they need to process your booking, such as your name, address, date of birth, social security number, and similar type information. Do not talk to the police about the case. Never be rude to a police officer. It can only make matters worse. Never refuse arrest or resist arrest. There will be time later for your lawyer to explain any misunderstanding.

WHAT IF THE POLICE DO NOT READ ME MY RIGHTS
The police do not necessarily have to read you your rights. They must read you your rights only if they decide to question you about the alleged crime. If they question you without reading you your rights, you can move to have your statement suppressed, but the case against you will not necessarily be dismissed.

WHAT IS A SEARCH WARRANT?
A search warrant is an order issued by a judge or a clerk magistrate that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, there must be a showing of probable cause.

IF A POLICE OFFICER KNOCKS ON MY DOOR AND ASKS TO SEARCH MY HOME, DO I HAVE TO LET THE OFFICER IN?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence.

WHAT IF I AGREE TO THE SEARCH?
If you voluntarily consent to a search of your home, automobile, or person, than the officer can conduct a full search without a warrant. Anything that the officer finds can later be used against you in court.

WHAT IS THE PLAIN VIEW DOCTRINE?
Police officers do not need a warrant to seize contraband that is in plain view if the officer is in a place that he or she has a right to be.

IF I AM ARRESTED, CAN THE OFFICER SEARCH ME?
Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.

IF I AM IN CUSTODY, HOW DO I ASSERT MY RIGHT TO REMAIN SILENT?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect's 5th Amendment rights. Anything that the suspect says after the violation is inadmissible as evidence in court.

CAN I WAIVE MY MIRANDA RIGHTS?
Yes. Once you have been arrested and given your Miranda warning, anything that you say at that point can and will be used against you in court.

BUT THE POLICE OFFICER SAID THAT IF I TALKED, HE WOULD HELP ME OUT.
Police officers have no control over what happens to you after you have been arrested and they submit their police report. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge.

Call Law Office of Aurelie M. Couturier, P.C., today to speak with an experienced criminal defense attorney who is compassionate about your situation and will work hard to defend you.

Call now, contact us for your free initial consultation. The attorney will sit down with you and go over the specifics of your case. Every case is different because the facts are unique to each case. We will go over the relevant defenses to your case and give you an assessment. Then you can decide if you want to hire us to represent you.

Arrested in Massachusetts? To consult with a lawyer about your Massachusetts criminal matter, please contact us at (508) 559-2240. We will be happy to schedule an appointment for an initial consultation.

We service clients in all matters in Attleboro, Boston, Brockton, Cambridge, Chelsea, Dorchester, Fall River, Hingham, Lawrence, Lynn, New Bedford, Plymouth, Quincy, Roxbury, Salem, Stoughton, Taunton, West Roxbury, Wareham, Worcester, and Wrentham, to only name a few Courts.

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 THE MATERIALS CONTAINED ON THIS WEB-SITE HAVE BEEN PREPARED BY Law Office of Aurelie M. Couturier, P.C., AND ARE FOR INFORMATIONAL PURPOSES ONLY. THESE MATERIALS ARE NOT TO BE CONSTRUED AS LEGAL ADVICE. READERS SHOULD CONSULT THE ADVICE OF COMPETENT COUNSEL.