If you have been officially invited to appear for a clerk magistrate hearing through a notice or summons, you should take this chance to prevent the magistrate from issuing a criminal complaint against you. If you are like other people, you probably don’t realize that you are entitled to a lawyer at this hearing. Competent representation from a cape cod clerk magistrate attorney can lead to the denial of the application for a complaint filed by the local police.
What Happens at the Hearing?
During the clerk magistrate hearing, a civilian complainant or police officer can present the basis for the criminal charges they want to seek against you. Following the presentation of evidence, you can question the complainant through your attorney. After the questioning, the magistrate will ask whether you want to speak or present your own witnesses. If you appear at the hearing without a lawyer, you may incriminate yourself and this information can be used against you in later proceedings.
In addition, a lawyer can present positive details about you to try to influence the opinion of the magistrate about your situation. Your lawyer will collect evidence before the hearing to show proof of employment, proof of community service, proof of school, and others to make a strong case to the clerk.
What Outcomes Can You Expect from the Hearing?
If the magistrate denies the complaint application, the case is closed, and you won’t have an entry in your criminal record. If the magistrate holds the complaint for a certain period, you also don’t get a criminal record. Eventually, the application will be dismissed if you don’t commit additional offenses during this period.
If the magistrate issues a criminal complaint against you, this may not cover all the charges if your lawyer questions the basis for some charges. For the issued charges, you will be arraigned in court. Sometimes, your lawyer can go to the office of the District Attorney before the scheduled arraignment to ask for reconsideration.
Reasons to Appear at the Hearing with a Lawyer
Once you get a summons or notice to appear for a clerk magistrate hearing, contact a criminal defense lawyer as soon as possible. Your attorney will assess your options and possible strategies. Keep in mind that a criminal record can affect you for life, so you must provide yourself with the chance to avoid having a record. Defending you in criminal court can be expensive and time-consuming. Hiring an attorney for a clerk magistrate hearing can save you money and time as well as protect you from the adverse consequences of having a criminal record.
ORDINARY LAW 