When Is a Statement Considered a Confession Under Massachusetts Law?

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.