Probable cause is the legal standard police must meet to make an arrest in Massachusetts.
What Does Probable Cause Mean?
In simple terms, it means there are trustworthy facts that would lead a reasonable person to believe a crime is being committed.This standard serves as a critical checkpoint in the criminal justice system, protecting individuals from arbitrary arrests while giving law enforcement the authority to act when there’s reasonable suspicion of criminal activity.
Probable cause requires more than a mere hunch or suspicion, it must be based on specific, articulable facts and circumstances that would convince a reasonable person that criminal conduct has occurred or is occurring. However, it’s important to note that this is a relatively low legal threshold compared to the “beyond a reasonable doubt” standard required for conviction at trial.
Probable cause does NOT mean you are guilty. It simply means that at the moment of arrest, police believed there was sufficient reason to take you into custody based on the information available to them. A Boston criminal defense lawyer can help challenge whether probable cause actually existed in your case and work to protect your rights throughout the legal process.
Probable Cause and Clerk Magistrate Hearings
At a clerk magistrate hearing, the clerk reviews whether probable cause exists to issue a criminal complaint, which formally charges you with a crime. This hearing is particularly important in cases involving false accusations, as it provides an opportunity to prevent charges from being filed before they appear on your criminal record.
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Examples of Probable Cause in Domestic Violence Cases
When responding to domestic violence calls, Massachusetts police officers have the right to make an arrest without a warrant and must make an arrest (M.G.L. c. 276, § 28) when probable cause of abuse is found for a misdemeanor involving abuse or an assault and battery (M.G.L. c. 265, § 13A).
The police powers under the Tenth Amendment to the United States Constitution allow law enforcement to use their five senses and consider multiple factors, including:
- Attempts to cancel the original emergency call
- Physical evidence at the scene (weapons, broken furniture, visible injuries)
- Emotional state of those involved (crying, distress)
- Statements from both parties
- The alleged aggressor’s criminal history
In Massachusetts, arrest is the preferred response to domestic violence calls, even if the alleged victim doesn’t want to press charges. This “mandatory arrest policy” explains why the vast majority of domestic violence calls result in an arrest.
What Happens After You’re Arrested
Being arrested doesn’t determine guilt or innocence—that determination comes later at trial, if the case proceeds that far. Many domestic violence cases are resolved before trial through various legal strategies, such as challenging the sufficiency of the evidence alleged as probable cause or addressing testimonial privileges that may prevent prosecution.
If you’ve been arrested for domestic violence, consulting with an experienced criminal defense attorney is essential to protect your rights and explore all available options for your defense.
Get Help Now: Schedule a Free Consultation with Nate Amendola Defense
At Nate Amendola Defense, we understand that facing criminal charges is one of the most stressful and frightening experiences of your life. We believe that effective criminal defense goes beyond just courtroom advocacy, it requires a holistic approach that addresses not only the legal aspects of your case but also the unique emotional and personal challenges you’re facing.
Our team provides compassionate legal support throughout every stage of your case, taking the time to listen to your story, understand your unique circumstances, and develop a defense strategy tailored to your specific needs. We recognize that behind every case is a real person with a family, a career, and a future worth protecting, and we approach each individual client with the dignity and respect they deserve during this difficult time.
Call us today at our office to discuss your case, or submit an online form. Our initial consultation is free, 100% discreet and judgement-free.
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