Do the Police Need a Warrant in Massachusetts?

Most of the time, yes. But there are exceptions.

Police generally need a warrant to search your home, car, or belongings. That warrant must be based on probable cause and approved by a neutral judge. But there are circumstances where searches without a warrant are allowed:
- You gave consent.
- The evidence was in plain view.
- There was an emergency or danger to life.
- You were arrested, and the search was “incident to arrest.”

Still, courts scrutinize these exceptions. If police violated your rights, your lawyer can file a motion to suppress, which may exclude the evidence from trial.

What Counts as an Illegal Search in Massachusetts?

The Fourth Amendment protects against unreasonable searches and seizures. But what does that mean in real life?

In Massachusetts, a search is illegal if:
- It’s done without a warrant or valid exception.
- It exceeds the scope of what the warrant allows.
- It’s based on evidence obtained illegally (a “fruit of the poisonous tree”).

Common exceptions to the warrant requirement include consent, plain view, search incident to arrest, and exigent circumstances. But even those are limited. Police often overstep, and courts frequently suppress evidence when they do.

If you believe you were searched illegally, the evidence found might not be admissible in court. That can change the outcome of your entire case. I regularly file motions to suppress and challenge the legality of police searches.

Can You Get a Criminal Case Dismissed in Massachusetts?

Yes—and it happens more often than you think.

In Massachusetts, criminal charges can be dismissed for many reasons:
- Lack of evidence or failure to prosecute
- Constitutional violations (like illegal searches)
- Diversion programs or pretrial probation
- Strategic motion practice

Dismissals can happen before or after arraignment, depending on the situation. A skilled attorney can push for dismissal early by negotiating with the prosecutor or filing motions to challenge the case’s foundation.

The goal is always to end the case as early—and as cleanly—as possible. If you’re facing charges, don’t assume it’s headed to trial. Many cases are dismissed with the right legal strategy.

What Happens After You’re Arraigned in Massachusetts?

Once you’ve been arraigned, your case moves into the pretrial phase. This part of the case can last weeks—or months.

Here’s what usually happens next:
- Discovery: The prosecutor turns over police reports, witness statements, and other evidence.
- Motions: Your lawyer may file legal arguments to suppress evidence or dismiss charges.
- Pretrial Hearings: The court checks in regularly as the case progresses.

Many cases resolve during this phase—through negotiation, dismissal, or diversion. Others go to trial. The choices you make early on can shape everything that follows.

The key is working with someone who knows how to use the process to your advantage. I handle pretrial strategy with the same intensity as trial work—because this is often where the case is won.

What Is an Arraignment in Massachusetts?

An arraignment is the first formal court appearance in a criminal case. It’s where the court reads the charges against you and asks how you plead.

Even though arraignments are usually quick, they matter—a lot.

Once you’ve been arraigned, the charges become part of your record. Even if they’re later dismissed, that record of being formally charged can follow you on background checks. That’s why the goal in many cases is to resolve things *before* arraignment—like at a clerk magistrate hearing.

At arraignment:
- You’re formally told what the charges are.
- Bail may be set (or not).
- The next court date is scheduled.

You usually enter a plea of not guilty. But by then, the real work has already started. I help clients avoid arraignment when possible. When it’s not, I’m there to protect your rights and fight your case from the start.