People are often surprised that they can be arrested and charged with a crime based only on the word of another person. In fact, jurors are often surprised by this as well when they find themselves called upon to evaluate the truth of allegations against my clients. Yes, you can be arrested based only on the word of another. I often hear my clients refer to the verbal claim of another person as "hearsay" or "he said, she said." They are shocked and upset that someone can make up a story about what they did and have them arrested. A police officer needs only probable cause to make an arrest and a person claiming to be victimized is often the only evidence an officer has when making an arrest. There need not be visible injuries or other physical evidence of a crime in order for an officer to arrest you. However, this type of case can ultimately make for weak evidence. 

For example, during a verbal argument with your girlfriend, your girlfriend calls the police and says you hit her. Your girlfriend has no physical injuries and there are no witnesses to a physical fight. The investigating officer might decide he has probable cause to arrest you because your girlfriend's story sounds believable to the officer. You can be arrested for battery based only on your girlfriend's word that you hit her or "he said, she said"--she says you hit her and maybe you tell the officer that you did not hit her. If your relationship with your girlfriend is "domestic" because you have ever lived together or share a child in common, the officer will feel the need to make an arrest. This is because the decision not to make an arrest for domestic violence must be justified in the police report. But even if you are arrested, being found guilty and convicted of battery under these circumstances is quite another matter. 

To lawyers and judges, actual "hearsay" is a bit different from what people call "he said, she said." Hearsay is not just what another person says you did, but rather their statements repeated by another person (or played from a recording) in a courtroom. For instance, if an officer repeats your girlfriend's verbal accusation in court, this would be improper because it is hearsay. The officer did not witness you hit your girlfriend, but rather your girlfriend told him that you hit her. Only your girlfriend, or another person who witnessed the crime, can make this statement in a courtroom. It would be improper for a judge to let an officer testify in court that your girlfriend told the officer you hit your girlfriend because that would be hearsay and hearsay is usually not admissible in court as evidence. 

Regardless of the type of charge, be sure you find a lawyer who is a capable and experienced cross-examiner. In a "he said, she said" case, challenging the credibility of the complaining witness is the most important part of your defense. Ask any lawyer with whom you have a consultation how many cases they have tried before a jury. Ask them how many times they have defended a client against a similar charge. A good lawyer will not be offended. You may be afraid of going to trial, but your attorney should not be. Having a lawyer who is not afraid to defend your case and challenge the state's witnesses before a jury will get a better outcome for your case.

Coordinating related legal issues

Keep charging documents, hearing notices and existing orders together, with their dates clearly identified. Responding to a criminal case and examining the basis for an arrest are related but distinct tasks. The Massachusetts rule on initial appearance and arraignment provides procedural context; one hearing should not be treated as resolving every issue in the case.

When information comes through another person, identify the original observer, the person recording the statement and the stage at which it is used. Reported information supporting an arrest is not automatically equivalent to evidence offered at trial. Review the Massachusetts Guide to Evidence and preserve complete recordings, reports and context rather than relying on an isolated quotation.

Organize the chronology, recordings and witness information by source. Criminal-case evidence preparation may overlap factually with a civil dispute arising from the same event, but the disclosure rules differ. For the criminal case, review the Massachusetts rule on prosecution discovery before deciding how materials should be requested or used.

A noncitizen facing criminal issues also needs a separate immigration review. Immigration classifications such as aggravated felonies cannot be determined solely from a state offense label. Current status and future applications require consideration of the disposition and complete record. The USCIS green-card category information helps identify the application context, without resolving the consequences of a particular criminal history.

Safety arrangements, criminal allegations and child-related issues require separate attention during a family conflict. A domestic-violence-related case does not replace applications or orders in family court. Keep all court documents and use the Massachusetts family-court resources to identify the proceedings involved. In an immediate emergency, seek emergency assistance rather than waiting for a website inquiry to be answered.

A criminal matter may affect work or professional arrangements, but consequences should not be assumed before the facts are checked. Review criminal-case records separately from employment policies and workplace notices. The Massachusetts criminal procedure rules provide court context. Before making statements to an employer, school or other institution, compare the actual question with the existing records.

Evidence preparation involves more than collecting screenshots. Proving disputed facts requires attention to the source and completeness of records and what each witness actually knows. If the events also involve criminal allegations, disclosure decisions need separate review. The Massachusetts Guide to Evidence provides a useful framework, while admissibility must be assessed in the particular proceeding.

Procedure affects both document preparation and scheduling. Civil claims and criminal proceedings should not be managed using the same assumptions about deadlines. Record the court, case number and service date, then consult the relevant court rules and standing orders. Ongoing negotiations should not be treated as proof that a court requirement has been suspended.

After an injury, document the event, treatment and financial effects separately. An injury-claim assessment needs a reliable chronology, while proof of responsibility and damages depends on the evidence and procedure. The Massachusetts Guide to Evidence provides a framework for those questions. Preserve original photographs and statements so that editing does not remove their context.

Preserve original records when litigation becomes a realistic possibility, and distinguish documents already available from evidence held by others. Pre-dispute document review serves a different function from discovery in litigation. The Massachusetts discovery resources help frame requests around disputed facts, so that useful evidence is not buried in unrelated material.

A student facing an investigation, discipline or an enrollment change should preserve school notices, policies and deadlines. School procedures and education rights may need to be coordinated with student immigration status. DHS’s Study in the States resources provide information for international students, while the school’s decision and its immigration consequences require separate review.