Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
      • Dangerous or Nuisance Dog Defense
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Right to a Telephone Call

right-to-telephone-1

Do Not Let the Police Isolate You

Without access to a friend, family or a criminal defense lawyer, a person detained at a police station is easy prey. Detectives trained in forensic interrogation techniques are fully aware that they greatly improve their chances of securing a suspect’s confession by isolating him. Detectives may attempt to dissuade a suspect from contacting someone, especially a lawyer, for advice.

Your Right to a Telephone Call is the Law

The right to use a telephone to reach family, friends or a criminal defense attorney, as enshrined in Massachusetts G.L. c. 276, § 33A, prevents the police from cutting off an individual from outside resources. The original version of G.L. c. 276, § 33A obligated the police to inform a detainee “of his right to so use the telephone immediately upon being booked.” The Supreme Judicial Court interpreted the original to require that “. . . due diligence shall be used to inform the arrested person with reasonable promptness” of his right to make a telephone call. Commonwealth vs. Bouchard, 347 Mass. 418, 419-420 (1964). Recognizing that the police had begun to “. . . postpone the right of access to the telephone by delay in booking,” the Legislature amended the statute to require notification upon arrival to prevent the police from frustrating the statute’s goal of prompt notice. By adopting the present version, the Legislature demonstrated its resolve to end the police practice of detaining and questioning a suspect at length, and possibly securing his confession, before advising him of his right to contact the world outside. The statutory language, and the legislative intent behind it, are unequivocal: the detainee must be advised of his right to make a telephone call before substantive questioning is initiated.

Use Your Telephone Call to Contact a Cambridge Criminal Defense Lawyer

When the police have refused a defendant use of a telephone, the Supreme Judicial Court has acted decisively. Acknowledging the ability of police to undermine 276, § 33A, the Supreme Judicial Court held in Commonwealth vs. Jones, 362 Mass. 497, 503 (1972) that “. . . in order to make [276, § 33A] an effective piece of legislation, courts should suppress unfavorable evidence gained as a result of denying a defendant the right to use a telephone.”

If you are taken into custody, insist on your right to use a telephone or cell phone. Refuse to allow the police to isolate you, persuade you that your circumstances are so hopelessly dire that you should just confess to save everyone unnecessary aggravation, and belittle you as a human being. Reach out to those people who care about you. You will feel less alone, and consequently make better decisions.

Insist on Your Right to Call a Criminal Attorney

Resist the temptation to allow detectives to persuade you to forgo calling someone. Submitting to police questioning before speaking with a qualified criminal defense lawyer is usually a mistake. Before making a statement that you may later regret, call us at 617-492-0055 to schedule a free in-office consultation with Attorney Kevin J. Mahoney, a Cambridge defense lawyer with more than twenty years of experience. He will advise you honestly and professionally.

PRINT THIS PAGE

TOP

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

    text

  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

    text

  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

    text

  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
© 2023 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media