Clerk Magistrate Hearing Attorneys Boston MA
It is very important to have a skilled criminal defense attorney at a clerk magistrate hearing in Boston, MA. Leon & Davis clerk magistrate hearing attorneys in Boston MA have a long success record across the state of Massachusetts.
On this page:
Understanding Clerk Magistrate Hearings in Massachusetts
Clerk magistrate hearings occur in the courts of Boston and across Massachusetts on a daily basis. Receiving a notice for a clerk magistrate hearing in Massachusetts can be a daunting and confusing experience. Nonetheless, it is important to take the hearing seriously and to be well prepared for it.
At Leon & Davis, we understand the stress and confusion this situation can bring. Our experienced attorneys are here to guide you through the process and provide the defense you need.
What are Clerk Magistrate Hearings?
A clerk magistrate hearing, also known as a “show cause hearing,” is a preliminary hearing where a clerk magistrate determines if there is probable cause to issue a criminal complaint. These hearings are often used for minor offenses and are held before any formal charges are made. In most cases, if police allege that you committed a misdemeanor offense that occurred outside of their presence, they must file an application for a criminal complaint against you. Once the application is filed, you will receive notice of a clerk magistrate hearing. If you do not appear at the scheduled hearing, the complaint will usually issue and you will receive a summons for arraignment where you will be formally charged.
What is the purpose of a clerk magistrate hearing?
The purpose of a clerk magistrate hearing is to decide if there is enough evidence to proceed with criminal charges. For example, if police allege that you committed a misdemeanor offense that occurred outside of their presence, they must file an application for a criminal complaint against you. Once the application is filed, you will receive notice of a clerk magistrate hearing.
Why did I receive a notice?
You may receive a notice for a clerk magistrate hearing if someone has filed a complaint against you alleging that you committed a minor offense. These offenses can range from traffic violations to more serious accusations like assault and battery.
What happens during the clerk magistrate hearing?
At the hearing, both the complainant (the person making the accusation) and the defendant (you) will have the opportunity to present their sides of the story. The clerk magistrate will listen to both parties, review any evidence, and then decide whether there is probable cause to issue a criminal complaint. This evidence is often presented to the clerk magistrate by a police officer. However, witnesses may be called to testify at the hearing as well. You have the right to cross-examine the witnesses against you and present evidence. That includes presenting your own testimony to the clerk magistrate for consideration.
Important Considerations:
What are possible outcomes of a clerk magistrate hearing?
The magistrate can either issue a criminal complaint or dismiss the case. If you appear at the hearing, the clerk magistrate will determine the course of action after reviewing the allegations and the evidence supporting the application.
Potential Outcomes:
Ensure the Best Possible Outcome
at your Clerk Magistrate Hearing
What happens if I do not appear at the scheduled clerk magistrate hearing?
If you do not appear at the scheduled hearing, the complaint will usually issue and you will receive a summons for arraignment where you will be formally charged.
Failing to appear at your scheduled clerk magistrate hearing can have serious consequences. The clerk magistrate can issue a default judgment against you. This means formal charges will be filed, and a warrant for your arrest could be issued. Additionally, your absence could negatively impact your ability to present a defense and potentially result in more severe legal consequences.
How to Prepare for a Clerk Magistrate Hearing
Preparation is crucial for a favorable outcome. Here are some steps to take:
Why you need an attorney for a clerk magistrate hearing in Massachusetts
A clerk magistrate hearing is a critical juncture in the criminal justice process where the outcome can significantly impact your future. Here’s why having an experienced attorney by your side is essential:
1. Preventing Charges from Being Issued:
The primary goal at a clerk magistrate hearing is to prevent the issuance of a criminal complaint. An attorney can scrutinize the evidence, identify weaknesses in the prosecution’s case, and present compelling arguments to demonstrate that there is insufficient probable cause to proceed with charges.
2. Undermining Allegations:
Your attorney will work to undermine the reliability of the allegations against you. By challenging the credibility of witnesses and the validity of the evidence, your attorney can create reasonable doubt and persuade the clerk magistrate to dismiss the application for a complaint. For example, your magistrate hearing attorney may be able to persuade the clerk magistrate that there is insufficient evidence to support the charges.
3. Negotiating Reduced Charges:
If dismissal is not possible, an attorney can negotiate with the clerk magistrate for reduced charges. This can result in less severe penalties and a more favorable outcome for you.
4. Delaying Decisions:
In some cases, your attorney can persuade the clerk magistrate to defer making a final decision. If there are no further issues during this period, the application for the complaint may be dismissed altogether.
5. Protecting Your Record:
Successfully preventing charges from being issued means that the case is closed and no criminal charges will appear on your record. This can preserve your reputation and prevent the negative consequences of a criminal record.
6. Saving Time and Money:
Hiring a magistrate hearing attorney can save you significant time and money in the long run. Avoiding formal charges means avoiding the lengthy and costly process of fighting charges in court.
It is in your best interest to hire an attorney to represent you at the clerk magistrate hearing. It can preserve your record and save you a significant amount of time and money that would have been spent fighting the charges in court. An experienced attorney will be in the best position to help you present persuasive evidence and arguments to the clerk magistrate in order to prevent charges from issuing.
Contact the attorneys at Leon & Davis as soon as you receive notice of a clerk magistrate hearing so we can work to obtain the best outcome possible and potentially end your criminal case before it even starts.
Don’t Face a Clerk Magistrate Hearing Alone
Why choose Leon & Davis
Leon & Davis clerk magistrate hearings attorneys in Boston, MA, have extensive experience successfully representing clients across Massachusetts. We are committed to providing personalized and effective legal defense to achieve the best possible outcome for our clients. We tailor our defense strategies to each client’s unique situation and serve clients in Worcester, Framingham, Brockton, Quincy, Cape Cod, and everywhere else in MA.
Don't wait! Call us now to share your situation and schedule a free consultation.
An example of a successful Clerk Magistrate Hearing case by Leon & Davis criminal defense lawyers:
June 2021
After Clerk Magistrate Hearing, Complaint does not issue for Domestic Assault and Battery. Police responded to a call from a man who accused client of attacking him after an evening of drinking at his apartment. He was summoned to a clerk magistrate hearing charging domestic assault and battery. Attorney Leon convinced the magistrate not to issue a criminal complaint at the hearing. Thus, the case was dismissed and the charge will not appear on his record.