After an arrest in Massachusetts, police generally take you to a station for booking. Officers record your identifying information, take fingerprints and a photograph and document the alleged offense. The next steps depend on whether officials release you before your first court appearance.
What happens during booking?
During booking, officers collect identifying information, including your name, address and date of birth. They generally take your fingerprints and photograph and record details about the alleged offense. Police may also search you and hold your personal belongings for safekeeping.
After booking, authorities determine whether you can leave before your first court appearance.
What are your rights during booking?
You have the right to remain silent when officers ask about the alleged offense. You do not have to explain what happened or provide a statement about the incident. Prosecutors may use anything you say about the allegations in court.
You can request an attorney before answering questions about the alleged crime. Clearly state that you want a lawyer and avoid discussing the allegations until you have had an opportunity to consult one. If you cannot afford an attorney, ask the court about appointed counsel.
When can you be released after booking?
If police arrest you when the courts are closed, a bail magistrate may decide whether to release you before your first court appearance. Depending on the circumstances, the magistrate may release you on personal recognizance, meaning you promise to appear in court, or require you to post cash bail. The magistrate may also impose release conditions. Some cases involve additional restrictions or require a court to make the release decision.
If the bail magistrate does not release you or you cannot post the required bail, you generally remain in custody until the next court session. At arraignment, the court formally addresses the charges and may consider bail or other release conditions. Keep any paperwork you receive about the charges and your court date.
What should you do next?
The steps you take immediately after an arrest in Franklin, Massachusetts, can affect how your case develops. Whether you are facing an OUI, a drug charge or another criminal matter, a criminal defense attorney can explain your rights, review your release options and help you prepare for your next court appearance.
