In Plymouth, you can prevent charges from being formally filed at a clerk magistrate hearing in district court before your case goes to trial. A clerk magistrate defense lawyer can help show that the prosecution’s case does not meet the criteria for formal charges.
At Nate Amendola Defense, our Plymouth criminal defense lawyers have years of experience handling all aspects of magistrate hearings.
We believe in open and honest communication and are here to answer any questions you may have regarding clerk magistrate hearings. Contact us today to set up your free, confidential consultation with a member of our team.
Clerk Magistrate Hearings in Plymouth: Know the Basics
In the Massachusetts criminal justice system, a clerk magistrate hearing can play a crucial role in many cases. The hearing is a legal proceeding that happens before the prosecution files criminal charges. During the hearing, the accused person will have an opportunity to raise their defense.
The Clerk Magistrate’s Role
The primary task of the clerk magistrate is to decide if there is “probable cause.” Probable cause is the reasonable basis to think that a crime may have happened. After arguments have been made, the clerk magistrate reviews evidence presented by both sides and makes their decision.
Case Outcomes
If the magistrate does not find probable cause, the criminal complaint will not proceed. However, if probable cause exists, the magistrate in Plymouth County can allow the prosecution to move forward with the case.
Importance of a Clerk Magistrate Hearing
Proving there is not sufficient evidence of a crime will mean avoiding going to court and facing potential penalties, including jail time and community service.
For a free legal consultation with a clerk magistrate hearing lawyer serving Plymouth, call (781) 740-0800
Three Key Stages of a Magistrate Hearing
There are three stages of a magistrate hearing. Here is an overview of the most important things you should know about the magistrate process:
- Opposing testimony
- Defense against allegations
- Probably cause determination
Opposing Testimony
The person who accuses you of a crime (which is often a police officer or another police department representative but can also be a private individual) tells their side of the story. They may or may not present evidence, such as photographs, documents, or witness testimony, to support the allegations. In addition, they will likely submit the police report of the alleged crime.
This is their chance to convince the magistrate there is probable cause (a reasonable basis to believe) that you committed a criminal violation.
Defense Against Allegations
A magistrate hearing is not a passive process for a potential defendant. You have the right to tell your side of the story and raise preliminary defenses. You can and should be represented by an experienced Plymouth clerk magistrate defense attorney.
Remember, for a person facing accusations, a magistrate hearing is not just about denying what has been said by the complainant. It is also about providing your evidence.
Probable Cause Determination
It is not the job of the clerk magistrate in district court to determine whether or not you committed a crime. They cannot convict or formally charge a person with any criminal offense. Instead, after hearing both sides, the magistrate needs to decide if there is “probable cause” to believe a crime was committed.
Only if probable cause exists does the prosecution have the ability to move forward and file formal criminal charges.
Plymouth Clerk Magistrate Hearing Lawyer Near Me (781) 740-0800
Four General Results of a Magistrate Hearing in Plymouth, Massachusetts
The stakes in a clerk magistrate hearing in Plymouth are high. With the ideal result, you may be able to walk away from court with no criminal charges ever being filed.
On the other hand, a magistrate hearing could also start the process toward formal charges (potentially a felony case) brought by state or local prosecutors.
Here is an overview of the four most common outcomes that can happen in clerk magistrate hearings in Plymouth County:
- Case dismissed
- Case continued
- Case moves forward
- Pre-trial resolution
Case Dismissed (No Charges Ever Filed)
This is the best possible outcome of a magistrate hearing. A magistrate decides that there is insufficient evidence, meaning there is a lack of probable cause, to believe a crime occurred or that you committed the crime.
As such, they will dismiss the case on legal grounds. No charges will be filed against you, and you won’t have a criminal record. The matter ends there. It is as if the legal system has closed the book on the matter.
Case Continued (Additional Investigation)
In some cases, a clerk magistrate in Plymouth County may feel the allegations have some merit but need more evidence before making a decision. In this scenario, a case can be continued. Broadly explained, this means that it is being put on hold. No final determination on probable cause is being made.
During this time, further investigation can take place. Police and prosecutors may opt to investigate the matter or they may decline to pursue charges.
Case Moves Forward (Criminal Charges Filed)
If the magistrate believes there is probable cause, they’ll move the case forward, and criminal charges can be officially filed against you. To be clear, this does not mean you are guilty. A clerk magistrate does not have the authority to render a verdict.
Instead, it means there is sufficient evidence to take the case to the next stage of the legal process. If charges are being filed against you, an experienced Plymouth criminal defense lawyer must represent you.
Pre-Trial Resolution (Diversion Program Entered)
The outcome of a pre-trial resolution is less common but does occur in certain cases. Most often, this involves a person accused of a crime voluntarily entering some form of diversion program. It may be an option for certain types of drug possession cases. Completing the program can result in the criminal case being dropped outright and avoiding a criminal record.
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Take Charge: A Proactive Approach Can Make the Difference
When facing a magistrate hearing, you never want to sit back and allow the entire process to run its course. A proactive approach is essential. Therefore, gather evidence, seek advice from a skilled lawyer, and prepare your testimony thoroughly.
You need to understand the charges and the potential consequences that you could face. By taking charge of your case, you will be better equipped to navigate the legal process, including the clerk magistrate hearing and any other steps your case may advance to during criminal proceedings.
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How Plymouth, MA Criminal Defense Lawyer Nate Amendola Can Help
There is a lot at stake in a clerk magistrate hearing, and you do not want to navigate the process without proper legal representation. Our founder and lead criminal lawyer, Nate Amendola, has the professional expertise and commitment to results you can trust when it matters the most.
We take a proactive, holistic approach to every case. When you contact our legal team, you will have an opportunity to work with a top-tier Plymouth criminal defense attorney who can:
- Listen to what you have to say and answer questions about magistrate hearings.
- Investigate your case and gather documents, records, and supporting evidence.
- Develop a comprehensive, personalized strategy to protect your rights and your interests.
Every clerk magistrate hearing in Plymouth County involves a unique set of facts and circumstances, so personalized representation is essential.
Nate Amendola always invests the time, resources, and attention to the small details to deliver the best results for our clients. Let our client testimonials and case results tell the story.
Contact Our Clerk Magistrate Defense Attorney Serving Plymouth Today
At Nate Amendola Defense, our clerk magistrate defense lawyers in Plymouth will help protect your rights and your future. We will do everything in our power to ensure a favorable outcome for your case. We have a long track record of winning big for our clients.
Give us a phone call now or complete our online contact form to arrange your completely confidential, no-commitment initial case review. Our experienced attorneys represent clients in Plymouth and throughout the wider region of Plymouth County.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
