Clerk-Magistrate Hearing Attorney in Framingham, MA
What Is a Clerk-Magistrate Hearing?
It is a legal proceeding during which a clerk-magistrate determines whether there is enough evidence to issue criminal charges against an individual. Clerk-magistrate hearings are generally reserved for lower-level, misdemeanor cases where an arrest has yet to be made. Certain drug crimes, traffic offenses, and even violent crimes are often handled first in clerk-magistrate hearings.
Have you been issued a notice of a clerk-magistrate hearing? If so, do not wait to retain an attorney. Even though you have not been formally charged with a crime, you are still in the state's criminal process and could eventually face penalties.
Framingham clerk-magistrate hearing lawyer Robert Cerra is prepared to represent you at this critical juncture. As a former member of Massachusetts law enforcement, he understands the tactics police and prosecutors use to pursue convictions. His know-how is foundational for everything he does and allows him to better serve clients at all stages of the criminal process, including those who must appear in clerk-magistrate hearings.
To learn more about Attorney Cerra and what he can offer, call (508) 290-6365 or reach out online. He serves those in Framingham, Natick, and the Greater Boston Area.
How Do You Know if You Must Appear at a Clerk-Magistrate Hearing?
If you must appear at a clerk-magistrate hearing, you will receive notice. The document will provide information about when and where your hearing will occur. Additionally, it will outline the complaint against you. Failing to attend your clerk-magistrate hearing can result in additional consequences, including a warrant being issued for your arrest.
Who Attends Clerk-Magistrate Hearings?
The hearing will be led by a clerk-magistrate instead of a judge. These are offices of the District Court, Boston Municipal Court, Housing Court, and Juvenile Court departments with limited judicial authority.
Beyond the clerk-magistrate, you must attend the hearing. An attorney may represent you and bring witnesses supporting your case. The state will not provide a public defender at a clerk-magistrate hearing. Having one, however, can make a significant difference in the outcome of your case.
Finally, the law enforcement member or person making the complaint against you will be present at the hearing.
Our Core Values
Committed to Integrity, Service,
& Justice for All
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Relentless Advocacy for Those Who ServeFrom VA claims to record corrections, Attorney Cerra combines his service-driven past with legal expertise to deliver the results you need.
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Experienced in Service, Driven by JusticeRobert Cerra’s military and first responder background fuels his passion for fighting tirelessly for Veterans and first responders navigating legal challenges.
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Former First Responder, Proven AdvocateAs a former law enforcement officer, Attorney Cerra brings a unique perspective and unmatched commitment to serving those who’ve served.
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Veteran Supporting VeteransWith firsthand military experience, Attorney Robert Cerra understands the challenges Veterans face and is dedicated to securing the benefits they deserve.
What to Expect at the Hearing
The party making the complaint has the burden of proof in clerk-magistrate hearings. This means you technically do not have to provide any evidence on your behalf. However, the hearing does allow you to make strategic defenses that could be instrumental in shielding you from criminal charges.
There are three potential outcomes in a clerk-magistrate hearing:
- The clerk-magistrate may decide the evidence is insufficient and dismiss your case.
- The clerk-magistrate may elect not to issue a criminal complaint but leave the case open.
- The clerk-magistrate may determine there is sufficient evidence and allow the case to proceed.