When an individual or police officer files a complaint with the district court, it can lead to a clerk magistrate hearing. You have the right to have a Wareham clerk magistrate lawyer present for probable cause hearings. The assigned magistrate will conduct these probable cause hearings. An assistant clerk magistrate can sometimes conduct these hearings.
Our criminal defense attorney will protect your constitutional rights, question all witnesses, and ensure you do not incriminate yourself. These hearings are unique because the clerk magistrate has the authority to issue a complaint based on evidence and their discretion.
Even if all the evidence seems stacked against you, a criminal defense attorney can raise concerns about the legitimacy of this proof. We will also show the clerk that they should not bring charges against you. These hearings can be tricky, and you need a Wareham clerk magistrates lawyer on your side, protecting your rights.
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What Are Clerk Magistrate Hearings?
In Massachusetts, particular circumstances can result in a clerk magistrate hearing. In these hearings, a clerk magistrate will determine if there is probable cause for a criminal complaint. The clerk magistrate typically hears misdemeanor criminal offenses. When there is no arrest, but there is the potential for a criminal charge, an officer files a complaint. A petition can be filed by an individual or by the police.
Before these hearings occur, a complainant must file an Application for Criminal Complaint, where they outline the allegations. A police officer will read those reports on the record. The clerks may not have enough evidence to charge you and can instead choose to postpone a complaint or dismiss charges. They can do this because the law affords them discretion in these matters.
You may be issued a dismissal with the caveat that you will complete a program related to your charges. When a complaint is issued, the magistrate will move it to the District Attorney’s office. Once the district attorney receives the case, you will officially have a criminal record and formal charges. The outline shows you how important these hearings are and why you need a Wareham clerk magistrates hearing lawyer on your side.
Which Charges Are Heard by The Clerk?
Clerk hearings are not taken seriously by some individuals as the intent is to determine whether charges are filed. A police officer can file a complaint if they did not witness the crime but believe they have cause against you. The most common cases heard by the clerk magistrate include:
- Larceny
- Shoplifting
- OUI cases
- Assault and battery
- Drug Possession/distribution
- Negligently operating a motor vehicle
- Leaving a scene where property damage occurred
The list is not strict but provides several examples of why the court may call you to a hearing.
What Happens at The Hearings?
The complainant will present their version of events to the court during the hearing. Their version is biased and does not show the complete picture. Since these hearings are informal, you can attend them in an office setting, but some District courts will hold hearings in the courtroom. The public is not privy to these hearings. If there are no charges against you, everything will be under wraps. The worst outcome is a formal criminal charge. We will work diligently to have your name cleared.
Possible Defenses For a Clerk Magistrate Hearing
Since these are informal hearings, many accused are unprepared. We have seen individuals be reactive instead of proactive when it comes to a Wareham magistrate hearing. Depending on the circumstances, you can show the clerk you have tried to remedy the situation independently.
Counseling and treatment are good options to show the court that you have learned from your mistakes and taken actionable steps. If you are accused of assault, attending anger management classes is an actionable step to take. While the complainant gives their version of events, you will also have the opportunity to do so. Your criminal defense attorney will weigh out all options to determine if testifying is in your best interests.
Contact the Law Offices of Gerald J. Noonan
A skilled criminal defense attorney can negotiate an accord and satisfaction agreement. This agreement can result in no charges against you. The earlier you contact a Wareham clerk magistrate lawyer, the better your chances. The right attorney can save you from a criminal record’s consequences.
The Law Offices of Gerald J. Noonan understand the consequences you face from an unsuccessful hearing. We take these cases seriously. Our team will fight aggressively to build a solid legal defense. Call our offices at 1-508-588-0422 today.
