Am I Going to Be Charged with a Crime in Massachusetts?

Maybe a detective left you a voicemail. Maybe someone threatened to report you, or the police came to your home and asked for your side of the story. Now you are checking your phone, watching the mail, and wondering whether you are about to be charged with a crime.

That uncertainty is hard to sit with. You may be worried about your job, your family, or having to explain something you never expected to face.

Contacted by police or expecting a charge? Call (857) 415-2415 for a free, confidential assessment, or send a message below.

A police investigation does not automatically become a criminal case. But what you do before charges issue can matter. My advice is to get a clear understanding of your situation before trying to talk your way out of it.

Does a call from the police mean I will be charged?

Not necessarily. An officer may be gathering information, checking an allegation, or deciding whether there is enough evidence to pursue a complaint. You may be a witness, a suspect, or someone whose role is not yet clear.

The difficulty is that you may not know which. “We just want to hear your side” does not tell you how much evidence the police already have or what they believe happened.

Police also do not have to interview you before pursuing charges. Some people receive a hearing notice or summons without ever speaking to an investigator. Others are arrested. A friendly conversation does not guarantee that no charges are coming, and silence from the police does not necessarily mean the investigation is over.

Should I explain my side to the police?

I understand the impulse. If an accusation is false or leaves out important facts, you want to correct it immediately. You may feel that asking for a lawyer will make you look guilty.

The problem is that an explanation can supply evidence you did not realize was missing. You might deny wrongdoing while confirming that you were present, handled an item, sent a message, or had contact with someone. An innocent mistake about timing can later be presented as an inconsistency.

There are situations where providing information helps. The decision should be deliberate: what should be provided, through whom, and when?

Before agreeing to an interview, speak with a criminal defense lawyer. You can politely say, “I want to speak with a lawyer before answering questions.” Do not lie or guess to fill a gap in your memory.

Do not assume your statements are protected because nobody read you your rights. Miranda warnings generally concern custodial interrogation; a voluntary conversation can still produce evidence. The U.S. Courts’ explanation of Miranda describes that distinction.

How do criminal charges begin in Massachusetts?

The route depends on the alleged offense and the circumstances. A case may begin with an arrest, a criminal complaint followed by a summons, or a grand jury indictment. Some complaint applications first go to a clerk-magistrate hearing.

Being investigated, receiving notice of a complaint application, and being arraigned are different stages. At an arraignment, the court formally addresses the charges and a plea is entered. It is not a determination that you committed the offense.

At the complaint stage, probable cause is the key standard. That is a lower threshold than proof beyond a reasonable doubt at trial. The police do not need a trial-ready case before seeking charges, but the evidence still has to support the alleged offense.

Will I get a clerk-magistrate hearing?

For many misdemeanor allegations, someone who has not been arrested for the offense is entitled to an opportunity to oppose issuance of the complaint. Exceptions include an imminent threat of bodily injury, another crime, or flight from Massachusetts. Certain felony applications may also receive a hearing, but there is no general right to one for every felony allegation. The governing law is Massachusetts General Laws, Chapter 218, Section 35A.

You may hear this called a show-cause hearing or clerk’s hearing. Whatever the label, take it seriously. It can be an opportunity to stop a complaint before arraignment.

My preparation focuses on the allegation, the evidence supporting it, and what that evidence leaves out. Sometimes the strongest argument is that an essential element is missing. In an appropriate case, personal circumstances and a proposal for resolving the matter may also be relevant. No lawyer can promise that a complaint will be withheld.

For more detail, read whether you are entitled to a clerk-magistrate hearing and what happens at the hearing.

What can a lawyer do before charges are filed?

There may be useful work to do before a court date exists. I can contact the investigator, try to clarify your status, and evaluate whether providing evidence would help. Police may not disclose everything during an active investigation, so early advice sometimes involves working with incomplete information.

I also look for evidence that may disappear: surveillance footage, messages, receipts, photographs, or witnesses whose memories will fade. A complete conversation may tell a different story from one selected screenshot.

Early representation cannot guarantee that charges will be avoided. It can help prevent avoidable mistakes and put relevant information in front of the decision-maker when appropriate.

What should I do while I am waiting?

Preserve relevant material in its original form. Do not delete messages, edit recordings, or ask someone to change their account. Save paperwork and tell your lawyer about any deadlines, hearing dates, or criminal motor vehicle citations promptly.

Avoid discussing the allegations on social media or contacting the complainant to “clear things up.” That can create additional evidence or allegations. Follow any no-contact or restraining order strictly.

There is no universal number of days after which silence means you are safe--but as a general rule, the more time passes the less likely a summons is. Timing depends on the offense, investigation, and applicable deadlines. Likewise, a complainant saying they want to “drop it” does not necessarily end the matter; criminal prosecution is not solely their decision.

Will this appear on my criminal record?

Preventing a complaint before arraignment can make an important difference to your record. Massachusetts’ statutory definition of CORI generally limits it to information from criminal proceedings not dismissed before arraignment. But that does not mean every police report or investigative record disappears. See the Massachusetts CORI definitions.

I would not tell you it is legally “as if nothing happened.” The answer depends on which records exist and what someone is asking you to disclose.

Talk to me before deciding what to do next

You do not need to wait until you are charged to ask for help. I advise clients during police investigations and represent them at clerk-magistrate hearings throughout Massachusetts. If police have contacted you or you have received a hearing notice, call Winn Law, P.C. at 857-415-2415 for a free, confidential consultation.

We can discuss what you know, what remains uncertain, and the next steps that make sense for your situation.