Being Arrested
G.L. c. 276, § 28 — the misdemeanors an officer may arrest for without a warrant, and the phone call within one hour
An officer authorized to serve criminal process may arrest and detain without a warrant:
- A person found in the act of stealing property in the officer's presence, whatever its value.
- A person the officer has probable cause to believe violated a vacate, restraining or no contact order.
- A person the officer has probable cause to believe committed a misdemeanor involving abuse, or an assault and battery on a family or household member.
- A person charged with a misdemeanor, when the officer actually knows a warrant for the person's arrest is in force, even without having it in hand.
The phone call. A person held in custody at a station or other place of detention with a telephone is told immediately on arrival of the right to use it, at the person's own expense, to reach family or friends, to arrange bail, or to engage a lawyer, and the use is permitted within one hour after arrival.
This section does not address arrest for a felony. Bail after an arrest is on its own page.
Sources for this section (2)
- G.L. c. 276, § 28 — Arrest without warrant
- G.L. c. 276, § 33A — Use of the telephone in places of detention
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.