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.

What Is a Dangerousness Hearing in Massachusetts?

A dangerousness hearing—or 58A hearing—is a court proceeding where the prosecutor asks to hold you without bail. These hearings happen fast—often just a few days after arraignment—and they can determine whether you’ll be locked up for months while your case is pending.

The government has to prove that no conditions of release will keep the community safe. The judge looks at things like your criminal record, the nature of the charge, and whether you’ve followed court orders in the past. You have the right to a lawyer, to present evidence, and to cross-examine witnesses.

If the judge finds you dangerous, you can be held without bail for up to 120 days. That’s why preparation is key. I’ve represented clients at these hearings on everything from gun cases to domestic charges, and in many cases, I’ve been able to secure release.

If you're facing a dangerousness hearing, you need someone who can act quickly, file motions, and push back hard. You don’t get a second chance at this.

Can Police Lie to You 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?

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.