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Arrest

An arrest happens when a person has been taken into custody by the local law enforcement. This can include removing a person’s freedom using forcible restraint (such as handcuffs) or by seizure, particularly after the person has been issued a warrant or based on probable cause that the person has committed a crime. It must be clear to the person that he or she is being arrested.

There are several different kinds of arrests in the Commonwealth of Massachusetts:

  • A citizen’s arrest is done by a person, and not by an officer of the law. This can only occur if a crime happened before the person making the arrest, or if the person making the arrest believes the person being arrested has caused a felony crime.
  • A false arrest is done by a person who impersonates an officer of the law, or by a law enforcement officer who arrests someone without having a legal reason to do so.
  • A malicious arrest happens when a person is arrested without a legal reason, and in particular, when a person is intentionally charged with a false charge.
  • A judge or a magistrate can issue a parole arrest during a court proceeding. It happens right away, such as when a person has been found in contempt of court and is arrested.
  • A pretextual arrest is one done for a minor crime while the person is investigated for his or her potential role in a more major crime.
  • A warrantless arrest is done publicly, without a warrant for the arrest. It happens when there is probable cause that the person should be charged with a felony crime or a misdemeanor observed by a police officer.
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I really appreciate your prompt and highly effective assistance on this matter. After six different OUI attorneys told me that there was no way to recall the warrant and dismiss the charges against me without me returning to Mass from California, you managed to accomplish what they said was impossible. Thanks again! Neil D., Boston, MA
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It took some 30 years,almost the loss of a job,fid card ,arrested ,etc,etc.i tried several lawyers,and got the same disappointing answer ;sorry ,nothing we can do;.One little phone call and back and forth on the iPad,and for the first time i felt positive that this issue could be resolved.MR Goldwyn,and Ms Aisa Fitzgerald told me their game plan,and they made it happen.I am a very ,very happy clam. Robert D.
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Rick Floor is who I often to go to and he is amazing! Great customer service, and always exceeds my expectations but the whole office is always pleasant and helpful when I call or walk in! Em J.