The Brief
What You Need to Know. No More, No Less.
When Is a Statement Considered a Confession Under Massachusetts Law?
In Massachusetts, not every admission counts as a confession. Learn when your words become legally admissible and how to suppress them.
Under Massachusetts law, a confession isn’t just something you say, it’s something the prosecution must prove was made voluntarily, knowingly, and intelligently.
A confession is generally defined as an admission to all or part of a crime. But the law treats statements differently depending on when, where, and how they’re made. If police question you in custody, they must give you Miranda warnings before any statement can be used against you.
But even if Miranda isn’t required, for example, during roadside stops or casual encounters, the statement still has to be voluntary under both the Fifth Amendment and Article 12 of the Massachusetts Declaration of Rights.
Massachusetts courts go further than the federal standard. Under Commonwealth v. DiGiambattista, if police don’t record your statement electronically, the judge must instruct the jury to view it with caution. And in many cases, subtle pressure, confusion, or mental health issues can make a statement involuntary, even without direct threats or violence.
I’ve successfully suppressed statements in cases where:
- Police used deceptive tactics
- Clients didn’t understand their rights
- Custody wasn’t clear, but the pressure was real
- Miranda was given too late or not at all
Not every statement counts as a confession. And even if it does, it may not be admissible. If the police claim you “admitted” something, I can review the recording, the transcript, and the circumstances and fight to keep it out of court.
Can Police Lie to You During an Interrogation?
Yes, police can lie to you during questioning. Learn what they can and can’t say—and how to protect yourself during an interrogation.
Can police lie to you during an interrogation?
Unfortunately, yes. In Massachusetts and in most of the country, police are legally allowed to use deception when questioning suspects. They can claim they have evidence that doesn’t exist. They can say someone else confessed. They can pretend to offer leniency that they actually can’t promise.
These tactics are designed to get people to talk—even when staying silent is in their best interest. The problem is that they don’t just work on guilty people. They also lead to false confessions, especially from young, stressed, or vulnerable individuals.
You can protect yourself by asserting your right to remain silent and asking for a lawyer. You don’t have to answer questions, and anything you say can be twisted against you—especially when police are being dishonest.
What Happens If the Police Don’t Read You Your Rights?
Police didn’t read you your rights? That doesn’t always mean your case gets dismissed—but it can help. Here’s how it works.
You’ve seen it on TV:
“You have the right to remain silent…”
But what happens if the police skip that in real life?
Under both federal and Massachusetts law, police are required to give Miranda warnings before a custodial interrogation—that is, questioning that takes place after you’ve been taken into custody.
When Miranda Applies
Police must read your rights if:
You’re in custody and
They want to interrogate you
If you’re not in custody—like during a traffic stop or casual street questioning—Miranda usually doesn’t apply. And if you’re in custody but the police aren’t asking questions designed to elicit an incriminating response, it may not apply either.
What Happens If They Don’t?
If the police fail to read you your rights when they’re required to, your statement could be suppressed—that means it can’t be used against you in court.
This can also apply to:
Any written confessions
Recorded interviews
Any evidence obtained because of that illegal statement (the “fruit of the poisonous tree” doctrine)
Does That Mean the Case Gets Thrown Out?
Not necessarily.
If your statement was the main piece of evidence, suppressing it might gut the prosecution’s case. But if they have other independent evidence (video, witnesses, physical evidence), the case can continue without your statement.
What Should You Do?
Don’t assume anything about your rights until you speak with a lawyer.
If you think your rights were violated, talk to an attorney immediately.
I regularly file motions to suppress statements that were taken illegally.
Even if it doesn’t dismiss your case entirely, it may significantly weaken the government’s evidence and open the door to a better outcome—or even a dismissal.