Boston Lawyer - Clerk Magistrate Hearings - The Fernandez Firm
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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.

 

CONTACT THE FERNANDEZ FIRM TODAY
Frank Fernandez was my lawyer for my case. He did a great job on handeling my case. Frank went out his way to get the proper justice in my defense. He didn't just give up on me Frank skills are great he is a great lawyer and I would tell anyone about his services. He is a good man.
Corey Williams
Corey Williams
15:38 21 Aug 17
Very professional and personable. highly recommended. Cared about my cases.exceeded expectations. Thank You Frank.
Adrian Mojica
Adrian Mojica
23:53 10 Aug 17
Was very helpful through out the whole process and was able to get good results out of the cases an less than a year which is amazing.
Xavier Perez
Xavier Perez
18:16 08 Jul 17
Very great to work with. Knowledgeable, calm, cool, and collected. Highly recommended.
Ryan Askerberg
Ryan Askerberg
08:48 07 Jul 17
I am happy that I chose Frank to be my lawyer, and I will choose him again in the future. Although we agreed that I will pay him more money if my case went to trial, but he did his best to get my case dropped, and in fact the case was dismissed, and I didnt have to go through a trial or pay him extra money. He did all the work and all i had to do was showing up in court, I didnt need to speak a word. Very impressing, Frank is someone you can trust, and I respect him and his work
Remas 20007
Remas 20007
18:31 11 Oct 16
He is an amazing lawyer and I recommend him tremendously! He cares about his clients and I assure you he will try his best to get you the best outcome! Highly thankful that I found him, he goes out of his way to please his clients and is very effective. If you are a latino or hispano do not even hesitate and hire him ASAP.
Maria Jose Escobar Navarro
Maria Jose Escobar Navarro
17:05 04 Oct 16
Very honest. Accepted my case while I was in NYC. Explained to me exactly what will happen at minimum cost. First time I can say I met an honest attorney. As a business and real estate in NYC, I retained many attorneys whose goal was to maximize their fees. Mr Fernandez was very reasonable and upfront honest with his fee. Very highly reccomend.
John Haniff
John Haniff
20:51 09 Feb 16
Frank Fernandez should be the first call anyone makes within the Boston area for legal representation. As a working professional, I made a horrible mistake and I was arrested with the potential of spending a lot of time in jail with the potential to have charges escalated. His efforts saved me a lot of potential pain and grief. He came to my rescue when I had no family locally to help me out of the situation my actions caused.I was fortunate that I found him out of the chaotic choices that are out there. Frank is professional and cares about all of the elements which affected the outcome of my case. My life and my career are back on track and I could not have done this without Frank's ability to react and change the course of difficult decisions. Trust, integrity, honesty, alongside the ability to dig deep, are just some of the characteristics of the person who accepted my case in the middle of the night.If you need a sanctuary when you can only see your life taking a change for the worse, call Frank and explain the elements of your case. I've got his card in my car, my wallet, my desk when I've got the potential for any type of legal action. I know he's someone that I can depend upon.I'm not posting for sake of Frank's business, I'm posting to convey my thanks for a difficult set of circumstances that I'll not face due to his ability to think quickly and make reliable decisions in spite of the issues that resulted from my actions.
Tom Coll
Tom Coll
13:41 25 Nov 15

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