Massachusetts Attorneys
Representing Clients at
Clerk Magistrate Hearings
Occasionally, a police officer doesn't arrest someone for a Massachusetts criminal charge; instead, a summons is issued for you to appear before a clerk magistrate for a hearing. The hearing's legal function is to determine whether there is probable cause to issue a criminal complaint and begin the legal process against you.
What Happens at a Clerk Magistrate Hearing?
The person bringing charges against you will appear to read a police report or describe what happened. Usually this is a police officer, a police prosecutor, or the alleged victim. At times, witnesses are called to offer additional testimony.
Know Your Rights
If you've been arrested and charged with a criminal offense in Massachusetts, our legal system is designed to protect your rights, including but not limited to the fact that you are considered innocent until proven guilty. Throughout the criminal process, there are certain constitutional rights afforded to you by our United States Constitution. Additionally, the Massachusetts Declaration of Rights guarantees you rights with the police, rights in court, and rights if you are convicted. Contact our criminal defense attorneys to learn more.
Do I Need a Lawyer?
You don't just need any lawyer. What you need is a fierce advocate who is dedicated to helping you achieve the best possible results. With offices located in Woburn, Worcester, Springfield, Norwood, and Plymouth, the attorneys from The Massachusetts Criminal Defense Group are the types of advocates that you need in this type of administrative hearing. We are focused on using our knowledge, skill and experience to protect our clients' rights.
When you hire our criminal defense attorneys at this early juncture, we evaluate your case, reach out to the arresting officer or police prosecutor, speak with witnesses and prepare arguments to convince the clerk magistrate to dismiss the application for complaint against you. As former prosecutors, we understand how to work effectively with law enforcement officers and alleged victims in order to prevent charges from issuing against our clients.
Call Our Massachusetts Show Cause Hearing Lawyers
For a No-Obligation Consultation
We are in the trenches every day, most often dealing with some of the same prosecutors and judges who will be making the decision related to how to deal with your matter. For a low flat-fee, we will either counsel you as to how to proceed, or represent you and work toward eliminating or minimizing the charges against you. Learn more about our services and fees or call us at (800) 461-6900.
We offer experienced and aggressive representation at show cause hearings and probable cause hearings in every courthouse throughout Massachusetts.
Why Should I Hire Your Law Firm For My Clerk Magistrate Hearing?
The reality is that, although informal, Show Cause/Probable Cause Hearings are a very important stage of the criminal law process. The police prosecutor, alleged victim, and charged individual may present or contest evidence. Statements made by either party can be used in subsequent proceedings. While it's not always the case, arguments presented at a clerk's hearing tend to materialize into a complaint issuing, partly because the standard of proof is lower than proving guilt. Once the clerk magistrate believes you might have committed the crime, the complaint issues - and the legal battle begins.
Attorney Pollack has often been successful in getting clerks to not issue a complaint even when there is probable cause found. If the case is dismissed at this stage, the charges will never be placed on your record and you will not face further prosecution for this charge.
In Massachusetts, you have the right to a show cause hearing for most misdemeanors for which you have not been arrested. Each of the attorneys at our firm is skilled in representing clients at Show Cause Hearings and disputing various charges, such as:
The sooner you call to get us involved in your case, the better position we are in to begin a defense strategy early-on. Call us at (800) 461-6900. When you call, we'll give you specific advice about the Clerk's Hearing including how getting charged is not the same as being found guilty - we'll give you the details when we talk.