Clerk’s Hearings

In Massachusetts if you are not arrested for a misdemeanor but rather receive a summons in the mail you are entitled to a clerk magistrate hearing. Sometimes through inadvertence misdemeanor summons are marked for arraignment. It is important to have an experienced criminal defense attorney involved at the earliest date possible to intervene to file a Motion that the court remand the case back to a clerk’s hearing prior to arraignment.

How Is Arraignment Different Than a Clerk’s Hearing?

The clerk at a clerk’s hearing will make a determination whether a criminal complaint issues.Once a complaint issues you will be arraigned resulting in a criminal record even if the charges are later dismissed. However, if no complaint issues you will not be arraigned and thus not have a criminal record.

STOP IT A THE CLERK HEARING STAGE!

So now you do not have to ask if it is prudent to have an attorney represent you, but rather the question is who should you hire. Attorney Stephen O’Malley has represented hundred of individuals at Clerk’s Hearing with excellent results—jump to Clerk’s hearing victories.

Call Attorney O’Malley now for a free consultation and maybe save your self a criminal record.

Sample Clerk hearing results:

• Threats to Murder—Attorney O’Malley convinced the Clerk that there was inadequate evidence to issue the charges and offered his client would have no contact with the complaining witness- rule the clerk held continued the hearing for a year and if no problems no complaint would issue—NO COMPLAINT Issued.
• Possession of Cocaine—Attorney O’Malley fashioned a resolution that satisfied the Police and No Complaint Issued.
• Domestic Assault— Our client had been arrested and charged with domestic assault despite him telling the police that his ex-wife had lied and it was she who had attacked him. Attorney O’Malley filed for a Complaint to issue the ex-wife At the clerk magistrate hearing the ex-wife was represented by a lawyer but attorney O’Malley convinced the clerk magistrate that the ex wife had hit his client her ex-husband and she was charged with criminal assault and battery. Result—at the trial the ex-wife would not testify for fear of incriminating herself and the district attorney could not prove the charges against our client—His case was Dismissed.
• OUI—Our client received a summons for operating under the influence—he had been previously arrested for the charge but Attorney O’Malley got the case dismissed on the trial date because the commonwealth needed a continuance for missing witnesses. The district attorney did not agree with the judge and did not want the client to get off so it had he court send the client a summons for an arraignment on the same case but a new complaint. Attorney O’Malley filed a Motion and had the case remanded for a clerk’s hearing. The necessary witnesses for the commonwealth did not come to the hearing.
• Result No Complaint Issued.
• Malicious Destruction of Property-No Complaint.
• Assault and Battery and Threats To Commit a Crime—No Complaint issued.