A clerk’s hearing is one of the most critical steps in the criminal process and must be treated as important as a potential jury trial. Before a criminal process can issue in some types of cases a clerk magistrate needs to consider the evidence presented by the police or your accuser to determine whether charges should be taken out against you.

There are a number of reasons to make your best effort to be successful at a clerk’s hearing. First, if you lose the criminal clerk’s hearing than you will be formally charged with a crime. Even if you are ultimately successful defending against the charges the case will appear on your CORI background check even if you are acquitted. If your case is won at the criminal clerk’s hearing the entire proceeding will not appear on your background check.

Develop a Strategy

Second, criminal clerk’s hearings are difficult and nuanced. Unlike a jury trial, in a clerk hearing a clerk does not decide if you are guilty and your opponent doe not need to prove anything beyond a reasonable doubt. Instead, the clerk magistrate simply needs to determine whether there is probable cause for a complaint against you. A person’s accusation against you is sufficient to amount to probable cause, even without any support. You need to develop a strategy to fight against a complaint and another person’s claim.

Locally Experienced

Attorney Brennan is experienced in handling Clerk Hearings in the Greater Boston area including Worcester, Lowell, Lynn, Lawrence, Newton, Cambridge, Brockton, Barnstable, Woburn, Salem and Chelsea.

Third, there is no punishment resulting from a criminal clerk hearings. You either get charged and enter the criminal process or no charges are filed. By avoiding the criminal process you avoid all penalties which could include fines, probation or even jail time.There are numerous reasons why it is essential for you to contest and attempt to win your criminal clerk’s hearing. Do not underestimate the importance of this critical stage of the proceeding.