What Happens If the Police Don’t Read You Your Rights?

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.

What Is the Statute of Limitations for Criminal Charges in Massachusetts?

The statute of limitations is the legal time limit for filing criminal charges. Once the period expires, the state generally can’t prosecute—no matter the facts.

In Massachusetts, the time limit depends on the charge:
- Most misdemeanors: 6 years
- Most felonies: 6 years
- Serious crimes (e.g., murder): No time limit

However, the clock can pause (or “toll”) if the accused is out of state, in hiding, or under certain other conditions. For example, if someone leaves Massachusetts after the incident, the statute may stop running until they return.

If you're facing old charges or a recent complaint about an old event, an experienced defense lawyer can examine whether the statute of limitations has expired—and move to dismiss the case if it has.

What Is a Show Cause Hearing in Massachusetts?

A show cause hearing—also called a Clerk Magistrate hearing—is a pre-charge proceeding that decides whether criminal charges should issue.

Unlike arraignment, this hearing is private and informal. A Clerk Magistrate listens to evidence from the police or a complainant and determines whether probable cause exists. If the magistrate finds no probable cause—or chooses not to issue—the case ends there.

Even if probable cause exists, the clerk can hold the complaint and give you a chance to stay out of trouble. If you succeed, the charges never issue and your record stays clean.

I’ve helped countless clients resolve cases at this stage without charges ever being filed. It’s a critical opportunity—and one that shouldn’t be taken lightly.

What Is Pretrial Probation in Massachusetts?

Pretrial probation is a way to resolve a criminal case without going to trial—and without a conviction. It’s available in certain low-level cases where the defendant agrees to meet specific conditions.

Unlike regular probation:
- You don’t plead guilty
- There’s no admission of wrongdoing
- The charges are dismissed if you comply

Typical conditions include staying out of trouble, checking in with probation, or attending counseling. If you complete it successfully, the case is dismissed and your record stays clean.

I often negotiate pretrial probation for clients who are good candidates—especially first-time offenders. It’s a second chance without the baggage of a conviction.

What Is Bail in Massachusetts?

Bail is money or conditions imposed by the court to ensure you return to court dates. It’s not about guilt or punishment—it’s about risk.

When setting bail, the court looks at:
- Whether you’ve missed court before
- The severity of the charges
- Your ties to the community
- Whether you’re on probation or parole

Judges can:
- Release you on personal recognizance (no bail)
- Impose cash bail or conditions (e.g., GPS, no contact)
- Hold you under the dangerousness statute (in certain cases)

If bail is too high, I can file a motion to reduce it or request a bail review in Superior Court. The goal is to get you released quickly—and with the least restrictions possible.