Clerk magistrate hearings can take place when the police did not witness the commission of a crime. This crime is usually a misdemeanor, although some felonies may also qualify for this hearing. The police will file an application for complaint rather than arresting an alleged offender. If somebody files a complaint application against you, a notice or summons will be sent to you informing you of the scheduled hearing. This hearing is your best chance to prevent the issuance of a formal criminal charge against you. Thus, you want to appear at this hearing with the best cape cod clerk magistrate attorney.
Burden of Proof
The individual who files the complaint application has the burden of proof to show that you committed the alleged offense. Usually, a police officer or civilian files this application and presents evidence of the crime to the magistrate. Then, you can respond to the accusations at the hearing with your own evidence, or testimony. Your attorney can cross-examine the witnesses from the opposing party and question the accuracy of the evidence presented. The complaint should show there is probable cause to think that a crime occurred, and that you were responsible for it. The clerk magistrate determines there is sufficient evidence to charge you, they will issue a criminal complaint. Sometimes, the magistrate may find there is probable cause but is not convinced to issue a complaint. Instead, they will hold the complaint for a while. This can happen if you have no criminal history.
A case may not lead to a hearing if a warrant has been issued for your arrest or you have been arrested. If you are facing felony charges, you may not be asked to appear at a clerk magistrate hearing. Additionally, if the complainant
Should You Lawyer Up?
Generally, it is best to be at a clerk magistrate hearing with an experienced defense lawyer. You need somebody acquainted with the things the court can and can’t do during the hearing. Also, your attorney can advise you about whether you should testify for yourself. If you are not familiar with all the aspects of the hearing (both practical and legal) and you appear unrepresented, you could risk having a formal complaint issued against you. Such issuance can have devastating consequences. By working with a skilled lawyer who understands how the local police and clerk magistrate view some accusations, you have an increased chance of getting a favorable outcome.
