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, waiting that long can be a serious mistake.

If police have contacted you, requested a statement, asked you to come to the station, or notified you of a clerk magistrate hearing, you may already be under investigation. Early legal representation can make a significant difference, especially before formal charges are filed.

The Law Offices of Elliot Savitz & Scott Bradley represent individuals throughout Boston and surrounding Massachusetts courts during the earliest stages of criminal investigations, including police contact, clerk magistrate hearings, and pre-arraignment matters.

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

You should not answer questions about an alleged crime before speaking with a criminal defense attorney. Even if the conversation seems “voluntary” or informal, statements you make to police may later be used against you.

You generally have the right to remain silent and to consult with an attorney before answering police questions. Massachusetts evidence law recognizes the privilege against self-incrimination, and Mass.gov provides information on the privilege against self-incrimination.

If police want to speak with you, remain calm, be respectful, and tell them you want to speak with an attorney before answering questions.

Can a Lawyer Stop Charges From Being Filed?

In some cases, yes. An attorney may be able to intervene before charges are formally issued, especially if the matter involves a clerk magistrate hearing, also known as a show cause hearing.

An attorney may be able to:

• Communicate directly with investigators or prosecutors
• Help you avoid making damaging statements
• Gather and present evidence in your favor
• Represent you at a clerk magistrate hearing
• Argue against the issuance of a criminal complaint
• Seek a resolution before arraignment

Preventing charges before arraignment may help you avoid a public criminal record. This is one reason early representation is so important in Massachusetts criminal cases.

What Is a Clerk Magistrate Hearing?

A clerk magistrate hearing is a pre-arraignment proceeding where a clerk magistrate decides whether there is enough evidence, or probable cause, for a criminal complaint to issue. Mass.gov explains that if the clerk magistrate finds sufficient evidence, a complaint may issue and the person will be given an arraignment date. If the complaint does not issue, the case may end without formal criminal charges. You can review Mass.gov’s overview of what happens before your arraignment.

This stage can be one of the best opportunities to stop a case before it becomes part of a public criminal record. If you received notice of a clerk magistrate hearing, you should speak with a defense attorney before the hearing date.

What If I Ignore the Investigation?

Ignoring police contact, court notices, or a clerk magistrate hearing can make the situation worse. Depending on the circumstances, ignoring the matter may lead to:

• Criminal charges issuing without your input
• A missed opportunity to prevent a complaint from issuing
• A summons or arrest warrant
• A default warrant if you miss a required court appearance
• Stricter bail or release conditions later in the case

Acting early gives you more options. If you already missed court or are concerned about a warrant, you may also want to read: What Is a Default Warrant in Massachusetts?

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. Early legal advice can help protect your rights, avoid unnecessary mistakes, and may improve your chances of resolving the matter before charges are filed.

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.