¿Qué es un secretario Magistrado Audiencia en Massachusetts,en?

The clerk magistrate is the person who has the power to decide, based on the standard of probable cause, whether or not criminal charges should issue and therefore whether or not to schedule the defendant for an arraignment. Probable cause is a legal term that reflects the standard of evidence required to charge someone with a crime. The amount of evidence required to satisfy the probable cause requirement is not very great. In fact, one way to look at it is, if it is more likely than not that a particular defendant committed a crime, then the clerk magistrate would potentially be justified in issuing the criminal complaint. However, an experienced criminal defense attorney knows that most clerk magistrates will apply the probable cause standard in a way to achieve a fair and just result. This means that even if there is sufficient evidence to establish probable cause that a crime was committed by the potential defendant, a clerk magistrate may look to other factors to determine whether or not criminal charges are the appropriate course of action. Some of those factors include the individual characteristics of the defendant, the lack or presence of a prior criminal record, the wishes of the alleged victim, and whether or not any monetary restitution has been satisfied.

One option aside from issuing the criminal complaint is to keep the matter open at the clerk’s level to assure compliance with the law in general, as well as with some case-specific requirements that are tailored to the individual situation. Many Clerks will use this option when presented with a defendant who has an otherwise clean record, and may have had a momentary lapse in judgment. When giving a defendant such a break, a clerk magistrate wants to be assured that they will not see this defendant again for some other type of offense, or for an additional violation similar in character to the one currently alleged.

It is also possible to convince a clerk magistrate that there is insufficient probable cause to support one or more of the charges facing the potential defendant. In that situation it is imperative to have a skilled defense attorney who is well trained in the art of cross-examination to bring out deficiencies in the case that could sway the clerk to a finding of no probable cause. Additionally, the defense may want to prevent its own witnesses or documents that tend to cast doubt on the allegations. A clerk magistrate hearing is not meant to be a mini-trial, but many clerks will take evidence to the extent needed to make a fair and accurate determination. If there is no way to either get the court to make a finding of no problem cause or to keep the case open at the clerk’s level, then it is also possible to use the clerk’s hearing as an opportunity to learn about the case prior to the issuance of the complaint.

For example, it may be possible to cross-examine the alleged victim in such a way that yields discovery which could later be helpful to the defense.

If an individual loses a Clerk’s hearing, they are not going to jail that day and they are not going to be forced to comply with any particular conditions, but they should expect to be scheduled for an arraignment. In some courts that arraignment will take this place the same day, whereas in other courts it may occur over a month later. It is imperative that if you receive notice for a clerk magistrate hearing that you contact someone who has experience in such hearings and is familiar with the best way to present evidence and challenge the evidence against you. The fee for a clerk magistrate hearing will always be less than the fee for a full criminal case, so the investment of your time and money at this stage in the process can pay off with big rewards. Unfortunately once a person is arraigned there are very few options to get rid of that record, so a clerk magistrate hearing should never be overlooked as it is an excellent opportunity to either keep a clean criminal record or to minimize an existing one.

If you have been stopped by an officer and you were not arrested, it is likely that you may have a pending clerk magistrate hearing. A clerk magistrate hearing is an excellent opportunity for a potential defendant to prevent the issuance of a criminal complaint. If a criminal complaint is issued, it will most likely generate a criminal case that will forever remain on an individual’s criminal record. To understand why you need an experienced and knowledgeable criminal defense attorney such as Attorney Rakhlin to represent you at a clerk magistrate hearing, you must first understand what exactly is at stake. Do not hesitate to call Rakhlin Law at 617-564-0466 to discuss your situation and learn what options are available to you at this early stage in the process. By no means should you ever skip the clerk magistrate hearing, as it will be almost impossible to get that type of opportunity again. So don’t delay, take your best chance at preventing a criminal case and call Rakhlin Law for some honest legal advice.