Criminal Process in Massachusetts
The criminal process can be complex and
confusing. But it's important to know your
legal rights. The best way to be informed
is to contact Atty. Paul M. King as soon as
possible. A criminal defense
attorney will understand the law as it
relates to the crime you've been charged
with, and will be able to help you in making
informed decisions as your case moves
through the process.
Stop
You may be stopped for questioning by the
police. A stop is not the same as an arrest
because, although you may be detained, you
aren't moved to a different location. During
a stop the police officer may ask you
questions, but you have the right to refuse
to answer.
Search
Search Warrants
A search warrant authorizes police
to conduct a search of a specific, place
such as your residence. In order for a
warrant to be issued by a judge, "probable
cause" is necessary.
Probable cause to search means that:
- It is more likely than not that the
specific items to be searched for are
connected with criminal activities
- Those items will be found in the
place to be searched
Warrantless Searches
The general rule is that warrants are
required for searches. But search warrants
are not required for the following:
- Searches incident to arrest:
Police officers are permitted to search
your body and/or clothing for weapons or
other contraband when making a valid
arrest.
- Automobile searches: If
you're arrested in a vehicle, the police
may search the inside of the vehicle. To
perform a complete search of the vehicle
(such as in locked glove compartments,
for example), probable cause is
necessary.
- Exigent circumstances:
Searches may be conducted if there are
"exigent circumstances" which demand
immediate action, such as to avoid the
destruction of evidence.
- Plain view: Police do not
need a search warrant when they see an
object that is in plain view of an
officer who has the right to be in the
position to have that view.
- Consent: If you consent to a
search of your body, your vehicle, or
your home, police are not required to
have a warrant. You aren't required to
consent to any police searches.
Arrest
In order to be arrested, there must be
what's called "probable cause." This
means that there must be a reasonable belief
that a crime was committed and you committed
the crime. An arrest warrant is not
necessary.
After you're placed under arrest, you are
protected by constitutional rights.
Two important rights to be aware of are
right to remain silent and the right
to have an attorney. After your arrest,
you aren't required to say anything else to
police or investigators, until you have an
attorney present. You must be given the
opportunity to contact an attorney.
Miranda Rule
Under the Miranda Rule, if you are in
police custody you must be informed of
specific constitutional rights before
interrogation begins. Those rights are as
follows:
- The right to remain silent
- The right to have an attorney
present during questioning
- The right to have an attorney
appointed if you are unable to afford
one
Important to note is that Miranda
rights do not have to be read until you are
taken into custody. That means that you
can be questioned by the police before being
taken into custody, and anything you say at
that point can be used against you later in
court.
Booking
After you're arrested, the police will
bring you to the police station for the
booking process . You'll be
fingerprinted and asked a series of
questions, such as your name and date of
birth. You'll also be searched and
photographed. Your personal property such as
jewelry will be catalogued and stored.
