Arrest, summons or warrant: how a criminal case starts in Massachusetts
A summons issues unless a judge has reason to believe the person will not come to court. A person not under arrest on a complaint usually gets a hearing before a clerk or judge first, and some charges, OUI among them, allow an arrest without a warrant.
NEW BEDFORD A criminal charge in Massachusetts can reach a courtroom after an arrest by police, through a warrant, or through a summons, a court order to appear. State law makes the summons the starting point: a warrant issues only when a judge has reason to believe the person will not come to court on a summons.
Two South Coast cases this week took different routes. In New Bedford, police arrested a North Dartmouth driver on Hathaway Road on the afternoon of Wednesday, Oct. 21, and charged him with operating under the influence after the car he was driving pulled into the path of a school bus carrying 15 children, police said (our story). In Fall River, police said warrants were issued for two men in the Oct. 15 machete attack at the Brayton Avenue encampment; one was taken into custody Friday, Oct. 23, and the other is still wanted (our story). Everyone charged is presumed innocent unless proven guilty in court.
The summons comes first
Chapter 276, Section 24 is one sentence long: "Upon a complaint or indictment for any offense, a summons shall issue instead of a warrant, unless, in the judgment of the court or justice, there is reason to believe that the defendant will not appear upon summons."
A warrant is a different instrument. Section 23 describes warrants "issued for the apprehension of persons charged with crime" and says they may be served anywhere in Massachusetts by an officer authorized to serve criminal process in any county, with the same authority the officer has at home.
A hearing before the complaint issues
Many cases start with an application for a complaint rather than an arrest. Under Chapter 218, Section 35A, when a district court receives a complaint against a person who is not under arrest for that offense, the person must be given a chance to be heard, in person or through a lawyer, before any process issues. That right covers every misdemeanor complaint and any felony complaint from a police officer who asks for the hearing. For other felony complaints, the judge or clerk may decide whether to hold one.
The hearing can be skipped when there is an imminent threat of bodily injury, of another crime, or of the person fleeing Massachusetts. To judge whether a threat of injury exists, the court or clerk must look at the person's criminal record and at the statewide domestic violence records kept by the commissioner of probation. After hearing the evidence, the judge or clerk may issue process unless there is no probable cause to believe the person committed the offense. The same section applies in the Boston Municipal Court and the Juvenile Court.
When police can arrest without a warrant
For misdemeanors, Chapter 276, Section 28 lists when an officer may arrest without a warrant. The list includes a person caught stealing in the officer's presence, whatever the value of the property, and a person the officer has probable cause to believe violated a restraining, vacate, no-contact or similar court order. It also covers a misdemeanor involving abuse or an assault and battery on a family or household member, and anyone charged with a misdemeanor when the officer knows a warrant for that person is in force, even without the warrant in hand.
Driving cases have their own rule. Chapter 90, Section 21 lets an officer arrest without a warrant a driver the officer has probable cause to believe is operating under the influence of liquor, marijuana, narcotics, depressants or stimulants. The same section covers driving on a suspended or revoked license, leaving the scene after injuring someone, using a vehicle without authority, and negligent or reckless driving that causes serious bodily injury, as well as motor vehicle homicide. A person arrested under that section can be held for no more than 24 hours, longer only when a Saturday, Sunday or legal holiday falls in between, and must then be brought before the district court.
What the police log has to show
Every police department in Massachusetts must keep a daily log, in plain language, of responses to valid complaints, crimes reported, and the names and addresses of people arrested along with the charges, under Chapter 41, Section 98F. The log is a public record, free to read during regular business hours and at other reasonable times.
Some entries go in a separate log that is not public: responses to reports of domestic violence, rape or sexual assault; arrests for assault, assault and battery or a protective order violation when the victim is a family or household member; arrests of anyone under 18; and entries about a person so disabled that the person uses a wheelchair, is bedridden or needs a mobility device. That is why an arrest in one of those cases may never appear in the public log.
Release after an arrest
For a person held under arrest, the next question is release. Chapter 276, Section 58 tells a judge, clerk or bail commissioner to hold a hearing and release the person on personal recognizance, a promise to return, unless that will not reasonably assure the person comes back to court. Our explainer on dangerousness hearings covers when prosecutors can ask a judge to hold someone until trial.
Label: Reported by us, from the town's posted records.
Notes
Every point of law comes from the text of Chapter 276, Sections 23, 24, 28 and 58, Chapter 218, Section 35A, Chapter 90, Section 21 and Chapter 41, Section 98F on the Legislature's website, read in full Oct. 24, 2026. The two local cases are described as police stated them and as our linked stories report them. We checked each date and weekday against a calendar. This explainer names no private person and describes the law, not legal advice for any case.
Corrections
No corrections to this story. If something here is wrong, tell us. Every correction is dated on the story and listed in our public log.
Sources (7)
- Massachusetts General Laws, Chapter 276, Section 24: Summons instead of warrantThe summons rule and its one exception, quoted in full. Read in full Oct. 24, 2026, about 3:32 p.m. EDT.
- Massachusetts General Laws, Chapter 276, Section 23: Service of warrants and other processesWarrants for the apprehension of persons charged with crime, served anywhere in the state. Read in full Oct. 24, 2026, about 3:32 p.m. EDT.
- Massachusetts General Laws, Chapter 218, Section 35A: Process; issuance on complaints for misdemeanors; consideration of criminal records and domestic violence records; right to hearingThe hearing before process issues, who gets it, the exceptions, the records the court must consider and the probable cause standard. Read in full Oct. 24, 2026, about 3:32 p.m. EDT.
- Massachusetts General Laws, Chapter 276, Section 28: Arrest without warrantWarrantless arrests for listed misdemeanors. Read in full Oct. 24, 2026, about 3:32 p.m. EDT.
- Massachusetts General Laws, Chapter 90, Section 21: Arrest without warrantWarrantless arrests in motor vehicle cases, the 24-hour custody limit and the weekend and holiday exception. Read in full Oct. 24, 2026, about 3:32 p.m. EDT.
- Massachusetts General Laws, Chapter 41, Section 98F: Daily logs; public records; confidentiality of certain entriesWhat the daily police log must record, public access, and the entries kept in a separate log. Read in full Oct. 24, 2026, about 3:32 p.m. EDT.
- Massachusetts General Laws, Chapter 276, Section 58: Release on personal recognizance or unsecured appearance bond; determination; fees; refusal; petition for reviewRelease on personal recognizance as the default after arrest. Read in full Oct. 24, 2026, about 3:32 p.m. EDT.