WHAT HAPPENS IF I'M ARRESTED?

WHAT HAPPENS IF I'M ARRESTED?

Once the police arrest someone, they will take them to the police station. At the police station they will be processed.  Processing of a person is called a "booking".  At the booking, they will do procedures like photographs, fingerprints and administrative forms. They may also ask the person to submit to a breathalyzer test if the charge is drinking and driving. They will be given an opportunity to use the telephone. Depending on the police department, and the charges, they may be asked to sit for a recorded admission or confession.  If they decline, there is no interview.  That person will be held at the police station until they are bailed out by a clerk magistrate or until the next day court is open the police will take that person there to appear before a judge. 

WHAT ARE MY RIGHTS DURING THIS ENTIRE PROCESS?

Anyone arrested and/or charged with a crime has rights:

  • The accused has the right not to say anything they don't want to when questioned. If you say something, it can be used against them in a court, including during a future trial
  • They have the right to the presence of an attorney during any questioning. 
  • They have the right to be considered for bail except in murder cases. You can expect to be held for at least a couple hours at the police station until a clerk magistrate will place an amount of money, if any, to secure your release.  When they come, you pay them and any bail, and then you will be given instructions to appear in a local courthouse within the next day or two. If you are not 'bailed out" from the police station, you will be taken in handcuffs to your local courthouse at the next sitting of the court.  

If you have questions about a clerk Magistrate hearing in Massachusetts, your welcome to call for a free consultation with Attorney Barabino at his Medford, Massachusetts office @781-393-5900. ###

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