Clerk Magistrate Hearing Lawyer

Clerk Magistrate Hearing Attorney

Thanks to portrayals on popular television shows, many people believe that criminal cases begin with an offender being handcuffed, led to a police car, and taken to the police station. This is not always the case. In Massachusetts it is quite common for individuals to receive a notice to appear for a Clerk Magistrate Hearing instead of being placed under arrest. Having a skilled and experienced lawyer at the Clerk Magistrate Hearing can make the difference between a criminal complaint being issued and a case being dismissed.

With over 15 years of experience, Daniel DeMaria, Esq. can provide you with top notch legal representation. Mr. DeMaria has extensive trial experience and has handled a large range of criminal cases, including those that involving Clerk Magistrate Hearings. He has proven time and again that he can fight for – and obtain – successful outcomes.

If you received a notice to appear for a Clerk Magistrate Hearing, it is vital that you understand your rights and that you appear with a skilled advocate. Daniel DeMaria, Esq. routinely appears in cases throughout Massachusetts and is available to represent you.

What Is a Clerk Magistrate Hearing?

A Clerk Magistrate’s Hearing, sometimes referred to as a “show cause hearing” is a pre-trial proceeding to determine whether there is probable cause to issue criminal charges against an individual. Ordinarily a police officer or detective (or sometimes an ordinary citizen) will appear before a clerk magistrate to present a case with a view to persuading the clerk magistrate that there is probably cause that the individual summoned has committed a crime. Having a lawyer during a Clerk Magistrate Hearing is critical. In fact, individuals who have a lawyer on their side during these hearings are 42% more likely to avoid criminal charges than those without one. Appearing for a Clerk Magistrate Hearing without an attorney is not advisable.

A Clerk Magistrate Hearing typically does not take place in a courtroom. Rather, it will be held in the clerk’s office or a smaller meeting room that has been designed specifically for these hearings. During the hearing, you have the right to have an attorney represent you to ensure that the clerk magistrate does not simply hear a one-sided story. A criminal defense lawyer can challenge the evidence against you, bring forward new evidence relevant to the case, and can call witnesses in your defense.

After reviewing the evidence and hearing  testimony, the clerk magistrate decides whether there is “probable cause” that a crime has been committed. If the clerk magistrate finds that there is in fact probable cause, the court will issue a formal complaint, charging you with the crime. If the clerk finds there is no probable cause, the case may be dismissed.

A third outcome in a Clerk Magistrate Hearing occurs when the clerk magistrate decides to hold the application for complaint. This means that the clerk magistrate will hold the case for a set amount of time and then dismiss it, should there be no further allegations of criminal wrongdoing. While the application is held, you will not be charged with a crime, and no official, public criminal records against you will be generated by the courts.

Benefits of Having a Clerk Magistrate Hearing Lawyer

Whenever an individual is dealing with the criminal justice system it is critical for them to have a skilled and experienced criminal defense lawyer. This is also true for a Clerk Magistrate Hearing, as your attorney could keep you from being charged altogether, thereby preventing you from having to face the legal stress of a formal court trial.

There are several benefits to hiring a lawyer to represent you at a Clerk Magistrate Hearing, including:

• Challenging the evidence. The clerk magistrate will only issue a complaint if probable cause exists that you have committed a crime. This is a very low burden of proof, which is why it is so vital that you have an attorney who understands the law and who is intimately familiar with the facts of your case. Your lawyer can challenge any alleged evidence to minimize or eliminate the potential for a probable cause finding.
• Challenging witnesses. After all witnesses and the accusing party present their case to the clerk, your attorney can challenge their testimonies. A skilled and experienced lawyer can expose inconsistencies and challenge their statements.
• Protecting you. Before the hearing takes place, your attorney can prepare you for the hearing. They can provide you with the knowledge and understanding necessary to keep you from saying something that may inadvertently incriminate you. Anything that you say in these hearings can and will be used against you if a complaint issues.
• Arguing to defer. If there is probable cause that you have committed a crime, your attorney may be able to persuade the clerk to defer the complaint. This is also what is known as “holding the case open.”
• Saving you time and money. If your lawyer can convince the clerk that there is no probable cause, you will be able to avoid far more costly legal expenses, time commitments and the stress and anxiety which inevitably accompany criminal charges.

The sooner you retain an attorney to assist you with a Clerk Magistrate Hearing, the more well-prepared you will be for the hearing. The Law Offices of Daniel DeMaria can fully prepare you for your Clerk Magistrate Hearing and provide you with the best chance at a successful outcome

Speak With a Trusted Clerk Magistrate Hearing Lawyer Today

If you have received a notice to appear for a clerk magistrate hearing, there is a very real and substantial risk that a complaint will issue charging you with a crime.  The Law Offices of Daniel DeMaria always does its utmost to mitigate or avoid criminal charges. With years of experience practicing criminal law and intimate familiarity with procedural and substantive rules of law, our firm provides effective and competent representation. We will provide the legal assistance you deserve while constantly keeping you apprised of your case. Contact our office today to schedule your initial consultation.