An arrest can happen to anyone due to mistaken identity, procedural errors, or incomplete investigations. Understanding the specific mechanics of the legal system is the first step toward restoring your liberty and, equally important, your permanent record.
The fundamental right to silence and counsel
An arrest is a preliminary stage, not a final judgment. Under the Massachusetts Declaration of Rights and the Fifth Amendment, your protections are absolute:
- The right to remain silent: You are not required to provide justifications to the police. Under Massachusetts law, your silence cannot be used as evidence of guilt during a trial
- The right to an attorney: You must explicitly request counsel. Once requested, all questioning must cease under the “bright-line” rules established by both state and federal precedent
- Protection against unreasonable seizure: Any arrest made without a warrant or probable cause can lead to the suppression of all resulting evidence
Exercising these rights immediately is the most effective way to prevent a strategic error that could complicate your defense before it reaches a judge.
Protecting your CORI
In Massachusetts, the timing of a dismissal is critical due to the Criminal Offender Record Information (CORI) system. If a case is dismissed before the arraignment, it may never appear on your public record.
- Pre-arraignment dismissal: A skilled attorney will fight to resolve the matter before the official reading of charges to keep the record clean
- Sealing the record: If the arrest has already been recorded, you must petition the court to seal the record
- Expungement for error: Under state law, you may seek total deletion of the record if the arrest was the result of demonstrable law enforcement error or fraud
Understanding the distinction between a “dismissal” and a “sealed record” is vital for any innocent person concerned about their future employment and housing opportunities.
Navigating legal remedies
When an arrest is made in error, the focus shifts to accountability and clearing your name through specific procedural motions such as civil rights claims, which provides broader protections in certain contexts.
A wrongful arrest requires an experienced legal team focused on legal strategies to navigate both Massachusetts and New Hampshire jurisdictions effectively.