Clerk's Hearings or Clerk Magistrates Hearings in the Massachusetts District Court
by
Clerk's Hearings | Boston Clerk's Hearings Attorney.
Application for a Criminal Complaint and Notice to Appear
In Massachusetts, your criminal case can start either when you are arrested or when you receive a notice to appear for a clerk magistrate's hearing. A police officer can arrest you if he or she witnesses an alleged crime, whether a misdemeanor or a felony. However, a police officer may not arrest you for a misdemeanor that the officer did not witness firsthand. The police officer must first ask the court to issue a complaint against you, and you have the right to a clerk's hearing, or a clerk magistrate's hearing, before you can be formally charged in district court.
Civilians, people who are not police officers, may also ask the court to charge you with a crime. Clerk's hearings are your opportunity to stop the complaint and have the court dismiss your case before you are formally charged in district court at an arraignment. You have this opportunity to dismiss your case whether your accuser is a police officer or a civilian.
If you receive an application for a criminal complaint and a notice to appear for a clerk's hearing, you have an opportunity to have the clerk dismiss your case even before an arraignment in district court. The dilemma is that the statements you make at clerk's hearing can be used against you. This is why you should always have an attorney with you at a clerk's hearing.
Serpa Law Office's Boston criminal defense attorney's office will evaluate your case, contact the arresting officer and/or police prosecutor, speak with witnesses, and prepare arguments to convince the clerk magistrate to dismiss the application for complaint against you. Serpa Law Office has successfully stopped criminal complaints from issuing against many of its clients at clerk magistrate's hearings. The result is that there is no record, public or within the courts, of the accusation against you.
What Happens at a Clerk's Hearing?
Clerk's hearings are less formal that hearings before judges in the district court, but they are still serious proceedings that require an experience attorney. In fact, they are a key opportunity to prevent your criminal cases from ever making its way into court. An accuser will be there to testify about what you are alleged to have done. You have the right to, and should, present your own evidence and bring your own witnesses. Clerk's hearings are also an opportunity for a talented lawyer to negotiate with your accuser to stop a criminal case before it begins.
Call For A Free Consultation With Serpa Law Office at 617-948-2100.
