I'm not planning on being arrested but I always wondered about the best thing to do if I was, or even just stopped. Should I just shut up and if they arrest me demand a lawyer like they do on TV?
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Recent Posts about Massachusetts Laws
Recent Posts about Massachusetts Laws
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We sold our condo in November of 2009. We had a new house lined up-offer was accepted (per our realtor) after....
Thanks again. I think we have two issues, what the would-be sellers d....
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7/30/2010 08:40 by flyers559 |
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Several years ago my mother died and left some property in a trust with my uncle as trustee. I'm not sure but....
Yes, as a beneficiary of the trust, under Massachusetts law, you are e....
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7/30/2010 07:08 by Donaldson |
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My fiance was arrested for a dui, his 5th. His last one was in 94, I know the time between offenses doesn't m....
The penalty would depend on how the offense was charged. They could ch....
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7/29/2010 10:42 by Anonymous |
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I'm permanently disabled and rely on my SSDI to get by. Before i was injured and had a job I got several debt....
Your level of income, or source of income, does not generally have any....
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7/29/2010 05:47 by Anonymous |
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First, I like your site and visit often for info about MA law. Just wondering if you saw the new Massachusett....
LOL. Yes I will. This thread (as you mention) discusses th....
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7/28/2010 06:53 by AlbertY |
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My uncle appointed me as his power of attorney several years ago. Then last year he signed a health care prox....
Follow these two threads for an explanation of what a power of attorne....
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7/27/2010 05:46 by Snowe55 |
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I purchased a MP3 player from a local resident through Craigslist. The device was not compatible with my compu....
I obviously do not know what the ad said or what the seller said to yo....
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7/26/2010 00:26 by Anonymous |
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I have a 15 month lease which terminates on August 26th. The lease states that 60 day notice is required prio....
With my limited experience in Housing Court, I have to admit I'm stump....
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7/24/2010 18:09 by alyssariffic |
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I live in MA and I'm the permanent guardian of my nephew who is six. My sister, his mother, has been involved....
If the Probate and Family Court appointed you as the permanent guardia....
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7/24/2010 09:21 by Hall83 |
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I read the other post about the medical malpractice tribunals in Massachusetts but I'm curious about how the t....
The panel is comprised of a judge, a doctor, a lawyer and preside....
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3/9/2010 05:53 by Wookie |


Editor's Response
First of all, even if you have some illegal substance on your person, never, ever try to run or resist arrest in any way. That course of action will almost certainly makes things worse for you. If arrested or stopped, remain quiet, polite, and cooperative, answer basic questions about your identity (name, phone number, address, etc.), and produce such documents as license and registration when asked. Beyond that, keep your mouth shut. Do not get belligerent and "demand" a lawyer, but do feel comfortable with your right to say, "I would like to talk to my attorney."
It is a common and understandable desire to try to explain your side of things to the police officer in hopes that he or she will let you go. But it just does not work in 999 out of a thousand cases, because the officer is more likely to leave that decision to the prosecuting attorney. So, for example, it will not help you to say "Officer, I only had one drink." All you are doing is providing evidence for your future prosecution by admitting that you have consumed alcohol (even if you are telling the truth about the one drink, it is still possible to be convicted of driving under the influence after consuming only one drink). So, when the officer starts asking questions not related to your identity, simply state that you would prefer to talk to your attorney. Good luck, and may you never need the information in this answer.