Clerk Magistrate Hearings
Some charges, usually misdemeanors in which a police officer was not a witness, are presented to a clerk magistrate to decide whether charges should be issued. A suspect may receive notice in the mail that he must attend a clerk magistrate’s hearing without having been arrested. If the clerk finds probable cause to believe the suspect committed a crime he will then issue the complaint which sends the case to court where you have a right to then fight the case. The burden of proof is on the police and is very low, the clerk needs to only find probable cause that a crime was committed by you to issue the charge against you. The police will usually read a police report to the clerk summarizing the facts which make up the charges, at times a victim or complaining witness will be present to testify against you. You will be put under oath and be given the right to testify yourself. What you say can be used against you in future proceedings. It is important to have a Boston criminal attorney with you at the clerk’s hearing.
An experienced Boston criminal lawyer needs to be involved to speak on your behalf. The decision to offer your own testimony needs to be weighed very carefully because you may be making an admission or providing evidence that can be used against you later. A criminal lawyer can explain your side and reasons why charges should not be brought against you. Frank Fernandez has been able to convince clerk magistrate’s that charges should not go forward for clients charged with a variety of offenses throughout Boston and all of Massachusetts.
As a Boston criminal attorney Frank Fernandez has been involved in many cases prior to charges ever been issued and was successful in avoiding charges against his clients. By getting a criminal lawyer involved as soon as possible there's a good chance you can avoid even being charged. It is important to call an attorney when you were contacted by the police or of been sent notice of a clerk magistrates hearing. Sometimes the police will call wishing to set up an interview with you to get your side of the story before even applying for a complaint or sending you to a clerk magistrates hearing. If an officer wants to interview you you must call Boston criminal attorney to get advice before making any statements to the police.
They do not have to give you your Miranda warnings if you were not under arrest. They can really state they want to ask you some questions about an incident. If you remain silent this may become evidence since you were not under arrest your silence may be reported to a factfinder if you were ever charged such as a jury. That is why it is important to have a lawyer speak on your behalf to the police when you feel as if you are under investigation for some type of criminal charge.
Getting an attorney involved in a criminal case at the investigation stage you stand a chance of being able to share your side through your lawyer with the police in a way which hopefully will keep them from charging you criminally. You must be careful if you make statements on your own those statements can be used against you and are usually twisted in a way which cause more damage to you and your case then help. Police usually do not record statements and will write down a version of what you say which is damaging to you. Many clients state that they never said that to the police and the police twisted the words. It is important to have an attorney on your side if you receive a call from the police and they want to speak to you about an incident in which you feel may lead to criminal charges.
If you have been arrested or have received a summons in the mail to attend a clerk’s hearing call Boston criminal defense attorney Frank Fernandez for a free, confidential consultation about your case at 617-393-0250.