It can seem minor when you receive a notice to appear at a clerk magistrates hearing. No charges have been filed, after all. A probable cause hearing aims to determine whether to file formal charges or dismiss a case. The clerk can issue a continuance in some instances.
Individuals who do not have legal representation do not fare well in probable cause hearings. The unique element of these hearings is that the clerk magistrate can use their discretion to determine your fate. They can look at circumstantial evidence and determine it is not enough to bring formal charges. Consult with a Plymouth County clerk magistrates lawyer to build the best defense for your case.
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Who Can File a Complaint?
A cause hearing will be scheduled after the court receives an Application for a Criminal Complaint. Two parties can file a complaint. A police officer can file a complaint when they did not witness your conduct or did not make an arrest. An individual can also file a private complaint against you. Some common reasons you need to go to a clerk magistrate hearing are:
- Shoplifting
- Assault and battery
- Negligent operation
- OUI/Drunk Driving
- Drug possession
- Leaving the scene with property damage present
Police officers will issue complaints in all of the above circumstances. These complaints deal with misdemeanor charges in most instances. A private complaint can be filed for some but not all of the above.
How Probable Cause Hearings Work
The hearing is informal and can be conducted in an office setting. These hearings aim to determine if formal charges should be issued. Various district courts will perform these hearings in courtrooms. You can feel intimidated when you enter these hearings alone. A better option is to hire a Plymouth County clerk magistrates lawyer.
During the hearing, your accuser will have the opportunity to recount the incident. You will have the chance to do the same. While you have the option to testify, it may not be in your best interest to do so. If a police officer files a complaint, a representative from the police department will be at the hearing.
There are situations where a case can be dismissed or postponed if certain efforts are presented to the clerk magistrate during a hearing. The clerk will review all statements and evidence and determine whether to file charges. The decision is based on probable cause and the discretion of the clerk. We have witnessed the clerk having proof of probable cause and deciding not to file charges.
A clerk decides against filing formal charges because they have chosen to issue a continuance. If this is the result, the case will be dismissed after the allotted period the clerk has determined. During this time, the accused cannot have any other legal troubles. Once this requirement is met, the case is dismissed.
We mentioned you should take actionable measures before a hearing. You will get leniency when the clerk receives evidence that you are addressing the core issue. The completion of a program is all it takes for your case to be dismissed before issuing a formal charge. Remember that this does not work every time.
How Can Formal Charges be Avoided?
The best way to avoid criminal charges being filed is to consult with a criminal defense attorney. You will need to take a proactive step to show the court that you are working on the situation that brought you to this hearing. A proactive step would be taking a course or treatment program. You are not guaranteed a favorable outcome, but it has proven effective in most cases.
Your criminal defense attorney will interview all witnesses present at the hearing and protect your constitutional rights. We will present evidence and negotiate options to avoid criminal charges. Negotiations can result in you attending programs or classes related to your original incident.
Contact a Plymouth County Clerk Magistrates Lawyer Today
If the magistrate hearing is not favorable, the case is sent to the district attorney’s office. You will then attend an arraignment and have a criminal record. The receipt of the case by the district attorney will be the start of more legal issues.
When you receive a clerk magistrate hearing notice, you need to contact a criminal defense attorney immediately. There is no way to ascertain how a hearing will go. The best actionable step is to hire a criminal defense attorney who regularly works with clerk magistrates. Call the Law Offices of Gerald J. Noonan At 1-508-588-0422 to discuss your options today.
