Did you know that thousands of private Clerk Magistrate’s hearings happen in Massachusetts every year, and these secret meetings determine whether some citizens get charged with crimes?
Unless you’re well versed in the law here in Taunton, then you might not have ever heard about these hearings. You might also not even realize that you could be entitled to one of these hearings if you’re potentially about to face criminal charges in our state. What’s more, you likely don’t know about the many advantages you could enjoy if you hire a Taunton Clerk Magistrates lawyer before you ever face criminal charges.
The good news is that we’ll go over all these topics and more. Find out what these hearings are and whether you could be entitled to one below.
What is a Clerk Magistrate’s Hearing?
A Clerk Magistrate’s hearing is similar to criminal proceedings, but this hearing happens before criminal charges have been levied against a person. This hearing gives a person accused of wrongdoing the opportunity to avoid criminal charges and a criminal record. The main goal of this hearing is to determine whether enough probable cause is present to pursue criminal charges.
Most Clerk Magistrate’s hearings are closed, which means they’re private. They happen behind closed doors and the whole thing is pretty informal. Despite that, the outcome could have very serious implications for your future. The documents associated with the hearings won’t become public unless you later face charges.
Who Can Seek Out a Clerk Magistrate’s Hearing?
In general, you’ll be able to seek out a hearing if you have been accused or will likely get accused of committing a misdemeanor crime.
Not everyone can seek out a Clerk Magistrate’s hearing, especially if the crime you’re facing is a felony. In some situations, the Clerk Magistrate will hear a felony-related hearing, but in most cases, there’s enough evidence in these cases to skip the probable cause hearing.
You also won’t be able to seek out a hearing if you’ve already been arrested for the allegations.
The Clerk Magistrate also has the right to deny a hearing if there is enough evidence to suggest the accused person might flee from the area or if the Magistrate feels there is an imminent threat of bodily injury or the commission of another crime.
What’s Better: a Clerk Magistrate’s Hearing or a Criminal Trial?
You might wonder – what’s better to face: a Clerk Magistrate’s hearing or a criminal trial? There are some important differences between these two very different hearings.
What to Expect at Your Show Cause Hearing
The process of your hearing will begin when either a private person or a police officer files for an Application for Criminal Complaint against you. This important form usually outlines specific allegations against you, and it also seeks out the hearing to establish probable cause in order to arrest you or seek out a warrant for your arrest.
First, the Application gets filed and served to you. Then, you’ll be informed about when your hearing is to take place. Once the big day arrives, you, the Clerk Magistrate, the accusing party, any witnesses, and any other relevant parties will convene. At the hearing, you’ll get a chance to explain yourself. The other side will get a chance to outline the allegations and evidence against you.
Possible Outcomes of Your Hearing
After hearing all the evidence, the Clerk Magistrate has the authority to discern whether probable cause is present. If they determine that there is enough evidence to establish probable cause, then they will issue the charges. That means you’ll have to face the charges through the normal court process. You might also face an arrest depending on the severity of the charges.
If the Magistrate hears the evidence and decides that there is not probable cause based upon the facts or the law, then charges will not get issued against you. That means you will not face an arrest and you will no longer have to worry about criminal charges. Your case is considered resolved.
Another option is for the judge to remain undecided after the hearing. In these cases, the Clerk can use their discretion to determine whether to pursue charges or not. The Clerk may recommend community service or educational courses in exchange for not seeking out charges.
The Advantages of Hiring a Taunton Clerk Magistrates Attorney
If you think you might face criminal charges, then you might feel compelled to err on the side of caution and do nothing. If you choose to do so, though, then you may miss out on the opportunity to avoid charges altogether. If you make a poor choice, though, then you might incriminate yourself.
Avoid both of those scenarios by running your situation by an attorney first.
One of the biggest benefits of hiring a Clerk Magistrates attorney is that it increases your chances of having a more favorable outcome. Recent statistics proved that citizens who went into these hearings with an attorney were 42% more likely to avoid criminal charges than those who didn’t secure a lawyer.
That statistic alone explains why you should hire a lawyer, but it’s not the only benefit of getting an attorney. A lawyer can also help you feel more confident, since they’ll be the one to present your case to the Clerk Magistrate. If you have anxiety, then your lawyer can provide some much-needed relief. What’s more, a good lawyer can use their negotiation skills to reason with any evidence that contrasts your side of the story.
Do You Need a Taunton Clerk Magistrates Attorney?
Do you think charges may be pending against you? Have you been notified about a potential Clerk Magistrate hearing, or are you considering requesting one? While hiring a Taunton Clerk Magistrates lawyer isn’t a legal requirement, it is in your best interests. A good lawyer is statistically proven to help increase your odds of avoiding criminal charges.
So, where can you find a quality legal representative? You’ve landed on the page of one of Taunton’s top choices. Request a consultation now by leaving your contact details on our online form.
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