Now we come to the core concept and the prime directive: Say as little as you possibly can consistent with
remaining calm and civil. Anything you say
-- and when it comes to establishing what you said it is
what the police officers say you said that counts -- can
and will be used against you in and out of court. Verbal
utterances alone can trigger an arrest, if in the view of
the police on the scene those utterances mean you are
being "disruptive". We suggest that you print and
carry a copy of this card and let it do your talking for you.
Note that while in general you do have the right to refuse
to identify yourself there is one very important exception
to this: you must show your license and registration when
stopped in a car. In other situations, such as in a park,
you can refuse to identify yourself.
If you wish to
refuse consent to a search, which is always a good idea,
do so politely but explicitly. Say 'I do not consent to a
search'. (Not inviting someone in is not the same as not
giving consent to a search, if you see what we mean.) If
the police say they have a search warrant, ask to see it.
Remember the prime directive: Stay calm and do not
interfere with or obstruct the police in any way. Getting
you to be obstructive or disruptive is what they do,
because once they have you there they have you. The courts
will always side with them. Nothing will annoy them more
than if you stay polite and calm. Boiled down to a single
line: You can refuse but you cannot resist.
You probably need an attorney more than you think
you do, especially if you plan to plead guilty or are
navigating the "admitting to sufficient facts" process*.
Occasionally an officer will confiscate your stash without arresting you.
They might tell you that you will be "getting something in mail".
This might mean:
1) Nothing. While not the most likely scenario, it
certainly happens that for whatever reason the officer
never processes the case.
2) You receive a notice from the local district court
advising that a criminal complaint application has been
filed against you and notifying you that it will hold a
hearing on a specific date and time. This hearing is a
statutory right because you were not arrested. If you are
being charged by the federal authorities (National
Seashore) the letter will be sent from the U.S. Attorney's
Office in Boston.
3) You receive a notice from the local district court
summonsing you to appear to be arraigned on the charge.
In the case of 2) or 3) you will probably need an attorney.
*Note that Massachusetts allows conditional release for
people facing their first prosecutions. This procedure is
referred to as an "admission to sufficient facts" and also
as a "continuance without a finding of guilt". It allows
you to opt for probation rather than trial. In theory, if
and when you complete probation (successfully), your
record is supposed to be "expunged," ie, will not reflect
the charge.
Terms of probation may likely include
random urine tests. The probation officer is not required
to revoke your probation on your first positive test. He
or she need not tell you of your failure (which means that
your second failure might come as a surprise). Failing
probation will likely result in a guilty finding being
entered on your record.
