Do I Need a Lawyer If I Haven’t Been Arrested Yet?

Many people believe they only need a criminal defense attorney after an arrest. In Massachusetts, that’s often too late.

If police have contacted you, requested a statement, or notified you of a clerk magistrate hearing, you may already be under investigation — and early legal representation can make a significant difference.
The Law Offices of Elliot Savitz & Scott Bradley represent individuals throughout Boston and surrounding Massachusetts courts during the earliest stages of criminal investigations.

Should I Talk to Police If I Haven’t Been Arrested?

No. You have the right to remain silent — even if you are not in custody.
Statements made during a “voluntary” conversation can later be used against you. Before speaking with law enforcement, consult with a defense attorney.

Can a Lawyer Stop Charges From Being Filed?

In some cases, yes. An attorney may:

• Communicate directly with investigators
• Present evidence in your favor
• Represent you at a clerk magistrate hearing
• Argue against issuance of a criminal complaint

Preventing charges before arraignment may help you avoid a public criminal record.

What Is a Clerk Magistrate Hearing?

A clerk magistrate hearing is a pre-arraignment proceeding where a clerk decides whether probable cause exists to issue criminal charges. If the complaint does not issue, the case may end without formal prosecution.
This stage is often your best opportunity to stop charges early.

What If I Ignore the Investigation?

Ignoring police contact or a court notice can lead to:

• Surprise arrest
• Criminal charges issuing without your input
• Default warrants

Acting early gives you more options.

Speak With a Boston Criminal Defense Attorney Today

If you believe you are under investigation — even if you have not been arrested — do not wait.
The Law Offices of Elliot Savitz & Scott Bradley provide confidential consultations for individuals facing potential criminal charges in Boston and throughout Massachusetts.

Contact our office today to protect your rights before charges are filed.