If you have just been released on bail or received notice of your arraignment, you should act promptly. The next 24 to 48 hours can be pivotal to your case. If you are facing criminal charges in Massachusetts, the steps you take before entering the courtroom may significantly influence the outcome.
Many defendants unintentionally undermine their cases by making simple, preventable mistakes during the critical hours immediately following an arrest or release. Your decisions during this period can affect bail, conditions of release and how the case is first presented on the record.
Speak without consideration
As the accused, you have protections against self-incrimination. Sometimes, the best thing to say is to not say anything at all. Do not post, vent or message witnesses or the alleged victim. In Massachusetts, no-contact orders are common at arraignment. Even “harmless” communication can create new charges or bail problems.
Additionally, law enforcement may want to speak to you in an attempt to gather more evidence and information. Assume prosecutors can repeat anything you say in court.
Ignore paperwork, deadlines and prep
How you follow the conditions of your case can speak for you. The court looks for signs that you take matters pertaining to your case seriously. Read every document that they give to you during booking and release. They may also set conditions such as drug testing, curfews and more. Follow them immediately, because violations can trigger a bail revocation or a warrant.
Consent to search personal belongings
Do not consent to a search of a phone, computer, online account or other digital assets. Under federal law, police generally need a warrant before searching the digital contents of a seized phone. However, consent and other specific exceptions can change this. You should clearly refuse, but do not interfere physically if police proceed.
What happens at a Massachusetts arraignment
At arraignment, the court formally reads the charges and asks for your plea. The judge may address bail and conditions of release. The prosecutor may argue for higher bail or stricter conditions while your legal professional can argue for more reasonable terms.
Your goal at arraignment is simply to avoid new issues and protect your case from further damage. If you treat the first 24 hours seriously, you give yourself the best chance to fight charges effectively.