July 09, 2025 Last Updated: July 9, 2025 by Anthony Riccio
When you’re under investigation or even just contacted by law enforcement in Massachusetts, every step you take matters. Hiring a criminal defense lawyer early is one of the most important decisions you can make in these circumstances. Sometimes, it’s worth hiring a criminal defense attorney even before charges have officially been filed. Taking early legal action can be the difference between having a clean record and facing criminal prosecution in many cases.
In this article, we’ll walk through the legal timeline in Massachusetts, explain the benefits of early representation, and debunk the common myths that prevent people from getting help when they need it most.
You can be under police investigation for a long time before being arrested or charged with a crime in Massachusetts. Many cases begin with a police report or witness complaint. From there, law enforcement may reach out to you with questions.
You haven’t been formally accused of a crime at this stage. Regardless, your actions can heavily influence what happens next.
Massachusetts law allows for a clerk magistrate hearing under Mass. Gen. Laws ch. 218, § 35 if the alleged offense is a misdemeanor. This is a private hearing where a clerk determines whether there is probable cause to issue a criminal complaint against you. It’s often the last chance to prevent charges from being filed at all.
In Massachusetts, a clerk magistrate hearing is often the first chance to prevent a criminal complaint. Without legal representation, you risk forfeiting that opportunity.
Bring in a criminal defense attorney before charges are filed, and you gain access to legal protection at the most critical stage of the process.
An experienced lawyer can:
Hiring a criminal defense attorney before arraignment can drastically improve outcomes—sometimes preventing the public filing of charges altogether.
Your attorney may even negotiate an informal resolution. Examples include a warning, restitution, or participation in a diversion program. Importantly, they could potentially negotiate such a resolution before a complaint is ever filed.
Delaying legal help until charges are filed can limit your options. Once a criminal complaint is issued, it’s part of your public record. At this point, even if the charges are later dropped, the fact that they were filed can still show up on background checks.
Without an attorney early in the process, you may also:
According to legal studies, defendants who secure counsel early are 30% more likely to have charges reduced or dismissed before arraignment.
Pre-charge representation is more than just legal advice. It’s about proactive legal strategy. Your attorney works to prevent charges before they disrupt your life.
Here are a few real-world scenarios where this strategy is effective:
Preserving evidence is another crucial element. For example, surveillance footage from a store may be deleted within days. A lawyer can act quickly to subpoena and maintain it.
The Massachusetts General Laws, Chapter 218, Section 35, grant you the right to argue against a complaint being issued at a clerk’s hearing—even before formal charges are filed.
Many people don’t contact a lawyer early because of common misunderstandings. Let’s clarify a few:
Stage of Case |
Without Attorney |
With Early Legal Counsel |
Police Investigation | Unaware of rights | Attorney protects your legal interests |
Clerk Magistrate Hearing | Risk of complaint issuance | Lawyer may prevent charges completely |
Arraignment | Public criminal record | May be avoided entirely |
Evidence Collection | Delayed or missed | Prompt evidence preservation |
Public Record Impact | Immediate & lasting | Possibly no record if charges dropped |
It’s a preliminary hearing in which a magistrate decides if there is enough evidence to issue a criminal complaint. Legal representation can make a critical difference at this stage.
Yes. In fact, hiring a lawyer before arrest or formal charges can help you avoid charges altogether. Or, it may influence how your case proceeds.
Assault, domestic disputes, OUI/DUI, theft allegations, and white-collar investigations often allow opportunities for pre-charge intervention.
No. Exercising your right to counsel is a protected and respected legal decision. It doesn’t imply guilt; it simply protects your rights.
You may lose key opportunities to dismiss or divert the case early. Evidence may be lost, and your ability to control the narrative decreases significantly.
Hiring a criminal defense lawyer early, even before charges are filed, can dramatically shift the outcome of a legal matter in Massachusetts. Taking this step gives you control over the narrative, allows for evidence preservation, and can even stop a criminal complaint before it begins. Seeking legal help at the right time isn’t a sign of guilt. It’s a wise, proactive decision to protect your rights and future.
If you’re under investigation or concerned that criminal charges may be filed against you in Massachusetts, don’t wait. Riccio Law offers confidential, no-obligation consultations to help you understand your options and take action before it’s too late. Protect your future—reach out today for a free consultation.