Can You Be Charged Without Being Arrested in Massachusetts?

In Massachusetts, you can absolutely be charged with a crime without ever being arrested. It happens more often than people think.

If police didn’t arrest you at the scene, they can still apply for charges later. You might receive a notice in the mail for a clerk magistrate hearing. Or you might be summoned directly to court for arraignment. Either way, the case is real—and the consequences can be serious.

This process is common for misdemeanors and lower-level felonies, like shoplifting, minor assaults, or leaving the scene of an accident. It can feel like it’s “not a big deal” because you weren’t cuffed and booked, but the charges are the same.

If you get a hearing notice or court summons, don’t wait. A lawyer can sometimes resolve the matter before charges are even filed. And if not, we can start preparing your defense early—before the case snowballs.