The Clerk Magistrate Hearing in Massachusetts is the legal process where a court official determines the existence of probable cause, which helps them decide to issue a criminal complaint against the accused. This hearing starts the legal process against an alleged offender of a misdemeanor offense. A private person or the police can apply for this hearing. If you are a possible defendant of a criminal charge, you may be wondering if you must hire a Massachusetts clerk magistrate lawyer to represent you.
Keep in mind that the District Court magistrates issue thousands of criminal complaints every year as result of such show cause hearings. Clerk Magistrate hearings are governed by some standards on complaint procedure.
Can You Bring a Lawyer to the Hearing?
If you have been accused of a crime by a private person or the police, you can bring your own defense attorney to the Clerk Magistrate Hearing to enforce vital constitutional laws. These laws include the right to question and confront the witnesses at the hearing and assert your privilege to remain silent and refuse to give incriminating evidence against yourself. Your defense attorney is important in such a hearing for their legal knowledge and training of the charges you are facing. Also, they can convince the court not to issue a complaint against you, despite the existence of sufficient evidence to support it. To avoid the issuance of a criminal complaint against you, a defense attorney can negotiate an agreement with the complainant before the hearing or seek an accord and satisfaction in the proper case.
The clerk’s hearing provides you with the opportunity to avoid facing criminal charges and facing the negative consequences of having a criminal conviction such as having a criminal record, loss of job opportunities, and loss of employment. Also, hiring an attorney early in the process can help you avoid costly legal fees if your case goes to trial.
Working with an Experienced Attorney
If you facing criminal accusations and have received a court summons to appear for a show cause hearing, hire a lawyer with significant experience representing clients in this type of hearing; instead of hiring a lawyer who does not concentrate on defending people accused of crimes. Make sure this lawyer has a proven track record in representing clients accused of the specific crime you are accused of. They should have successfully challenged and won cases at the clerk magistrate level in the state.