A lot of people in Massachusetts think that those accused of committing a crime are immediately arrested and arraigned. But that isn’t the case in Massachusetts. There are guidelines around such practice that limit the ability of the police to put an alleged offender under arrest for some misdemeanor-level offenses. If you were not caught by the police committing the crime and suspected of wrongdoing, you may need to be present at a clerk magistrate hearing or show cause hearing. But will you need a clerk magistrate attorney in Massachusetts? Keep reading to get the answer to this question.
What to Know About a Clerk Magistrate Hearing
This hearing ensures there is enough cause to issue a criminal complaint against the alleged offender. After this hearing, the magistrate may either decide not to issue a criminal complaint or determine that the accused must face criminal charges. In this hearing, you are a respondent, not a criminal defendant. You will be notified of the complaint of the police officer and a hearing date by U.S. mail. But you should not overlook the seriousness of such notice. Remember that a clerk magistrate hearing in Massachusetts can be your only opportunity to avoid a criminal charge or conviction. How you choose to deal with it truly matters.
The hearing will also be attended by the complaining officer who spells out their version of events. It will also give you time to defend yourself. The office doesn’t need to be present at the hearing to testify. In case of civil violations, they can offer a copy of the police report or the citation as evidence against you. But such citations aren’t conclusive and a legal expert can successfully contest events for you.
Importance of Legal Representation
In a clerk magistrate hearing, having adequate representation is crucial to your success. An experienced defense lawyer will use their experience to identify weaknesses in the accusations of the complainant. They can help you successfully navigate the hearing as they advocate for you and give you advice on the process’s specifics like whether to testify or not.
Each year, thousands of criminal complaints are issued at the clerk magistrate level. Sadly, a lot of people don’t understand why they must seek counsel at such proceedings. They may realize the weight of this hearing when it is already too late. A knowledgeable defense attorney is your best asset in this scenario.
