Boston, Massachusetts Clerks Hearings Attorney
Requesting a Dismissal of Misdemeanor Charges
In Massachusetts, if the police desire to charge you with a misdemeanor that was allegedly committed outside their presence, they can not arrest you (with one notable exception, that being a charge of domestic assault and battery). Instead, the police must apply for a complaint at the local district or municipal court. You would then be entitled to a clerk magistrate's hearing -- or, a clerk's hearing, for short. The stakes at a clerk's hearing are quite high: if a complaint issues against you, the charge will appear on your criminal record and therefore would be part of any future background check. On the other hand, if a complaint does not issue against you, there is no public record of it -- and it would as if the charge never happened at all. Needless to say, a clerk's hearing is a terrific opportunity for you to keep your record clean.
Attorney David R. Yannetti represents clients facing misdemeanor criminal charges at a clerk's hearing. If you hire him at this early juncture, he would evaluate your case, reach out to the arresting officer and/or police prosecutor, speak with witnesses and prepare arguments to convince the clerk magistrate to dismiss the application for complaint against you. As a former prosecutor, Attorney Yannetti understands how to work effectively with law enforcement officers and alleged victims in order to prevent charges from issuing against his clients.
What Happens at a Clerk's Hearing?
Typically, the arresting officer will appear in court to read a report or describe for the clerk magistrate what happened in your arrest. Sometimes, the arresting officer does not appear, and instead leaves it to a police prosecutor to represent the department. In some cases, witnesses may appear as well in order to provide testimony. As the defendant, you may bring an attorney to represent you. The proceedings are not recorded and there is no public record of what transpires in a clerk's hearing. Based upon your attorney's advice, you may or may not choose to testify on your own behalf. In the end, the clerk magistrate will consider the testimony and exhibits, while entertaining oral arguments from the police officer and your attorney. If the clerk magistrate finds that there is probable cause to support the charges -- and if he or she also believes that you should be charged -- then a complaint will issue against you. If, on the other hand, your attorney can convince the clerk magistrate that there are good reasons to dismiss the case, then your criminal record will remain clean.
Why Should I hire a Defense Attorney?
Only an attorney who understands how police officers and clerk magistrates tend to view certain cases can truly lobby effectively on your behalf. Depending on your criminal record and the circumstances of your arrest, Attorney Yannetti may be able to reach out to an officer or alleged victim and convince him or her to recommend that the charges against you be dismissed. There may also be a legal basis to prevent a complaint from issuing. The danger for an unrepresented defendant is his or her ignorance of both the legal and practical aspects to a clerk's hearing. You may think that you are acting in a proper manner, while you are instead helping to convince a clerk magistrate that you should be charged after all.
If you're facing charges for shoplifting, drug possession, assault and battery, or another misdemeanor crime, Attorney Yannetti can help you prepare for a clerk magistrate's hearing. He can also take steps designed to convince the magistrate to reduce or dismiss the charges against you.
Need additional Information? Contact Attorney David R. Yannetti Today
Contact the law office of David R. Yannetti today.
May 11, 2010
Recent Clerk's Hearing Results:
July 15, 2010
Brockton District Court
Clerk's Hearing
Client, a 20 year-old college student home for summer break, faced a charge of Misuse and/or Possession of a False ID card -- a felony. Client allegedly had in her possession a fake driver's license she had obtained over the internet. When she tried to gain admission to a bar, the doorman called over the police officer on detail, who barred Client from entering the establishment and summonsed her for a clerk's hearing. Client hired Attorney Yannetti. At the hearing today, Attorney Yannetti persuades both the clerk magistrate and the police department that no complaint should issue against Client. Instead, Client need only pay $200 in court costs and the application for complaint will be dismissed. Client never appears before a judge, so her criminal record still remains clean. No future employer or graduate school will ever be able to find out about this incident. Result: Application for Complaint Dismissed.
June 22, 2010
Newton District Court
Clerk's Hearing
Client, a 23 year-old college student home for summer break, faced a charge of Providing Alcohol to Minors. Client allegedly bought a keg of beer and allowed several 19 year-old young women to drink at his house. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, Attorney Yannetti persuades both the clerk magistrate and the investigating police officer that no complaint should issue against Client. Instead, Client need only complete 32 hours of community service and the application for complaint will be dismissed. Client never appears before a judge and his criminal record remains clean. No future employer or graduate school will ever be able to find out about this incident. Result: Application for Complaint Dismissed.
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 21 year-old college student, faced a potential complaint for Assault and Battery. Client was at a party at a friend's apartment when three other students tried to crash the party. Client ordered them to leave and allegedly got into an altercation with two of them. Client filed a complaint against one of those students, who in turn filed a cross-complaint against Client. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Further, Attorney Yannetti persuaded the clerk that Client was the true victim -- so a criminal complaint issues against the other student. Client never appears before a judge. and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.May 7, 2010
Lawrence District Court
Clerk's Hearing
In an alleged incident of "road rage," Client, a 37 year-old physician's assistant, faced a potential complaint for Threatening to Commit a Crime. The police alleged that Client got out of his car in traffic, approached the driver's side window of a middle-aged woman and threatened to kill her while screaming profanities. Client hired Attorney Yannetti to represent him at the clerk's hearing. Today, the police appeared at the clerk's hearing with the alleged victim -- the woman against whom Client had allegedly issued threats. After full testimony was taken at the hearing, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client and he will instead complete anger-management counseling instead. Client never appears before a judge and this case will never appear on his criminal record. His job at a major hospital is therefore saved. Result: Application for Complaint Dismissed.April 28, 2010
Waltham Juvenile Court
Clerk's Hearing
The police applied for a complaint against Client, a 13 year-old middle-school student, for Breaking and Entering into a building. The building owner alleged that Client and five other boys broke into his building and "tagged" the inside with graffiti. Client's parents hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge. This case will therefore never appear on his juvenile criminal record. Result: Application for Complaint Dismissed.April 15, 2010
March 23, 2010
Wareham District Court
Clerk's Hearing
Client, a 26 year-old nurse, allegedly pulled a false fire alarm at a local club, in anger after having been refused service of additional alcohol. A police officer was present at the club and witnessed Client's actions. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Last week, when the hearing was first scheduled, the police announced that they wanted the complaint to issue against Client. Attorney Yannetti asked the assistant clerk magistrate to give Attorney Yannetti a week to speak with the fire department in an attempt to resolve this issue amicably. Attorney Yannetti spoke directly with the fire chief, who explained that as long as Client paid a $500 fine for falsely setting the alarm, he would not seek criminal charges against Client. Client paid the fine upon the advice of Attorney Yannetti. Today, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
Boston Municipal Court
March 10, 2010
Central Division
Clerk's Hearing
Client, a 20 year-old college student, faced the prospect of having a criminal complaint issue against him, for being Minor in Possession of Alcohol. Client allegedly persuaded a waitress to serve him beer at a bar despite the fact that he was under aged. Client hired Attorney Yannetti. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades both the police and the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
Quincy District Court
March 9, 2010
Clerk's Hearing
Client, a 40 year-old dance teacher was stopped in a department store for allegedly attempting to return a pair of pants that she had not purchased from that store. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Today, despite the desire of the store detective for the complaint to go forward, Attorney Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge. This case will therefore never appear on her criminal record. Result: Application for Complaint Dismissed.
Boston Municipal Court
January 15, 2010
Roxbury Division
Clerk's Hearing
Client, a 36 year-old immigrant working as a taxicab driver and hoping to become an American citizen, faced an application for a complaint alleging assault and battery and assault and battery by means of a dangerous weapon, a felony. Client allegedly had a dispute with another taxicab driver in the parking lot of a restaurant. The other man told the police that Client poured hot tea on him and punched him repeatedly. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti spoke with the investigating police officer and persuaded him that no complaint should issue against Client. Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
Brookline District Court
Clerk's Hearing
Client, allegedly threatened his brother-in-law with a weapon after a verbal argument got out of hand in his home. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti worked in conjunction with the attorney for Client's brother-in-law to persuade the police officer and the assistant clerk magistrate that no complaint should issue against Client. Client never appears before a judge and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.November 24, 2009
Cambridge District Court
Clerk's Hearing
Client, a first-year student at a prestigious law school, faced a felony complaint of malicious damage to a motor vehicle, as a result of a past "road rage" incident. While biking to school one morning, Client allegedly pounded the hood of the car driven by a middle-aged woman, then "keyed" the whole side of her car. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti persuades the alleged victim, the police, and the assistant clerk magistrate that no complaint should issue against Client. Client only needs to pay the $500 insurance deductible of the alleged victim and the application for complaint against him will be dismissed. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.November 20, 2009
Taunton District Court
Clerk's Hearing
Client, a 37 year-old businessman going through a contentious divorce, faced a complaint of domestic assault and battery. His wife had called the police to allege that when she arrived at his house to pick up their children, Client grabbed at her, tried to shove a telephone down her shirt and pushed at her. After his wife applied for a criminal complaint against him, Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, after a hard-fought hearing which featured the testimony of several witnesses, Attorney Yannetti persuades the assistant clerk magistrate not to find probable cause for any crime. As a result, no complaint issues against Client. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.September 8, 2009
Dedham District Court
Clerk's Hearing
Client, an 88 year-old elderly woman, was driving in a parking lot when she allegedly drove into a building then backed up at high rate of speed and hit four parked cars. When approached by the responding police officers, Client appeared to be disoriented. Client's family hired Attorney Yannetti to prevent a criminal charge of "operating to endanger" from issuing against Client. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client -- as long as Client surrenders her driver's license. Client never appears before a judge. This case will therefore never appear on her criminal record. Result: Application for Complaint Dismissed.September 3, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 19 year-old college student, was allegedly caught shoplifting at a upscale department store in Boston -- for the second time in a six month period. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client -- despite the prior shoplifting incident. Client never appears before a judge. This case will therefore never appear on her criminal record. Result: Application for Complaint Dismissed.August 26, 2009
Somerville District Court
Clerk's Hearing
Client faced a charge of malicious destruction of property over $250 -- a felony -- as a result of an alleged "road rage" incident. Client allegedly cut off another vehicle in traffic, got out of his car and punched the driver's side fender of the other vehicle, damaging it. The middle-aged woman driving the other vehicle was terrified. She took down Client's license plate number and called the police. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client -- as long as Client pays for the damages to the woman's vehicle. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.July 28, 2009
Dedham Juvenile Court
Clerk's Hearing
Client, a 17 year-old high school student, allegedly stole money from a fellow student's backpack in the school locker room. When contacted by the police, Client's parents hired Attorney Yannetti to resolve this matter. Attorney Yannetti brought his Client into the police station to give a statement and explain his actions. In exchange, the investigating officer agreed to schedule this matter for a clerk's hearing. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client, as long as he completes 80 hours of community service. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.
June 10, 2009
Dedham District Court
Clerk's Hearing
Client, a 17 year-old high school student, arrived at a party in his parent's car. A police officer watched him get out of the car with a beer bottle in his hands -- which Client proceeded to throw into the woods. The police also found in the trunk of the car one 12-pack of beer, another 30-pack of beer and a bottle of rum. Client's parents hired Attorney Yannetti to represent him at the clerk magistrate's hearing, where he faced the prospect of having a minor-in-possession-of-alcohol complaint issue against him. Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against him. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.
June 3, 2009
Boston Municipal Court
East Boston Division
Docket No. 0805-CR-2342
Client, a foreign national in the U.S. on a student visa, failed to appear for his operating-after-suspension case back in January of this year. As a result, a warrant issued for his arrest. Client hired Attorney Yannetti to investigate and negotiate the terms of his surrender before the court. Attorney Yannetti contacted the prosecutor and eventually convinced him to agree that the charge should be dismissed. Today, Attorney Yannetti therefore brings Client into court to have the warrant recalled. Attorney Yannetti then persuades the judge to dismiss the case, on $200 court costs. Result: Application for Complaint Dismissed.
June 1, 2009
Malden District Court
Clerk's Hearing
Client, a 20 year-old college student, was stopped by the police for a motor vehicle violation. Client allegedly was belligerent to the police, who found multiple bags of marijuana, a digital scale, and a stolen store sign in his car. Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing, where he faced possible charges of larceny and possession of marijuana with the intent to distribute. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against Client should not issue. Client never appears before a judge. This case will never appear on his criminal record. Result: Application for Complaint Dismissed.
May 21, 2009
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Client, a college student on the dean's list, allegedly stole the cell phone of a fellow student on campus. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing, where she faced the prospect of having a larceny complaint issue against her. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against her should not issue. Client never appears before a judge. This case will never appear on her criminal record. Result: Application for Complaint Dismissed.
May 7, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a college student with a very bright future ahead of her, was allegedly caught attempting to steal an expensive pair of designer jeans from an upscale department store. As a result, she faced the prospect of having a larceny charge on her otherwise clean criminal record. Client hired Attorney Yannetti to represent her at the clerk magistrate's hearing. Today, Attorney Yannetti persuades both the police prosecutor and assistant clerk magistrate that the application for complaint against her should not issue. Client never appears before a judge. This case will never appear on her criminal record. Result: Application for Complaint Dismissed.
March 12, 2009
Waltham District Court
Clerk's Hearing
Client, a college student, was stopped in a car with marijuana in her possession -- back in December, before marijuana possession was decriminalized. Client therefore hired Attorney Yannetti, who advises Client to request a clerk's hearing. The clerk magistrate thereafter denies the complaint. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.
February 9, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a law student, went out one night during "finals" week and had too much to drink. On his way home, he allegedly kicked in the window of a local apartment building -- for no apparent reason. Client hired Attorney Yannetti to represent him at a clerk's hearing for the potential felony charge of malicious destruction of property. If a complaint was issued against him, Client faced the prospect of having an entry on his criminal record, which would have severely damaged his prospects for future employment in the legal field. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against him should not issue. Client never appears before a judge. Client needs only to make restitution for the broken window and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
February 3, 2009
Dedham District Court
Clerk's Hearing
Client, a construction manager, was under police surveillance when he allegedly distributed one-half pound of marijuana to someone else. Client hired Attorney Yannetti to represent him. Today, at the clerk's hearing, Attorney Yannetti cross-examines the arresting police officer. At the conclusion of the hearing, the officer agrees to reduce the charge from distribution of marijuana to simple possession of marijuana. When Client is eventually arraigned before a judge, he faces a substantial reduction in possible penalties -- and will almost certainly not receive a criminal conviction regarding this matter. Result: Application for a Complaint charging Distribution of Marijuana and Conspiracy Dismissed. Complaint issues only for simple possession of marijuana.
January 21, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a grave-digger from out-of-state, was in Boston for a bachelor party. While walking on the street with his fellow party-goers, he purchased some cocaine from a street dealer, in front of a police officer. Client hired Attorney Yannetti, who schedules the case for a clerk's hearing. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against him should not issue. Client never appears before a judge, and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.
January 16, 2009
Concord District Court
Clerk's Hearing
Client, a graduate student, was facing a complaint for shoplifting from a local farm stand. If the complaint had issued, Client would have had an entry on her criminal record. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against her should be dismissed. As a result, a CORI check will not reveal to an inquiring employer that this case ever existed. Result: Application for Complaint Dismissed.
November 7, 2008
Peabody District Court
Clerk's Hearing
Client, a member of the armed services, faced an application for a complaint of assault and battery, which had been brought by his ex-girlfriend. When his ex-girlfriend had appeared at the police station, she had a black eye and red finger marks on her neck. She alleged that Client had choked her. Client hired Attorney Yannetti to investigate. Attorney Yannetti met in person with the investigating police detective and produced photographs and videotapes which contained exculpatory evidence. At the clerk's hearing on October 7, 2008, Attorney Yannetti convinced the assistant clerk magistrate that if a complaint were to issue against Client, a cross-complaint should also be issued against his ex-girlfriend. Both Client and his ex-girlfriend were scheduled to be arraigned today. Instead, over the course of the last month, Attorney Yannetti negotiated with the police and his ex-girlfriend's attorney to avoid having Client arraigned. Today, as a result of that successful negotiation, Client did not need to appear in court, and the application for complaint against him was dismissed prior to arraignment. Client completely avoids having an entry on his criminal record. Result: Application for Complaint Dismissed.
October 31, 2008
Lowell District Court
Clerk's Hearing
Client, a software engineer, was stopped for driving his motorcycle 65 mph in a 35 mph zone, in a residential neighborhood. After he failed to immediately pull over for the police, the officer charged him with the criminal offense of operating to endanger, in addition to citing him for going 30 mph over the speed limit. Client faced a hefty speeding fine, as well as the prospect of a criminal record, so he hired Attorney Yannetti to represent him. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate not to issue a criminal complaint alleging operating to endanger, and to instead allow Client merely to pay the minimum fine for speeding -- saving client a criminal record and hundreds of dollars in fines on the speeding citation. Result: Application for Complaint Dismissed.
September 29, 2008
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a portfolio manager, was walking with a co-worker in downtown Boston when he passed a woman walking and smoking on the sidewalk in front of him. He made a comment to his co-worker about his parent having passed away from lung cancer and the woman apparently took offense. This led to an altercation between the two of them, which led to the woman calling the police to allege that Client had spit on her. As a result, Client faced a potential complaint of assault and battery. Client hires Attorney Yannetti, who schedules the matter for a clerk's hearing. Today, Attorney Yannetti persuades an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
September 18, 2008
Boston Municipal Court
South Boston Division
Clerk's Hearing
Client, who recently began work at job placement agency, met some friends at a concert in Boston and had too much to drink. He allegedly tried to enter a restricted area against the orders of security personnel. When the police were called, Client allegedly resisted arrest and tried to head-butt one of the officers. Client hires Attorney Yannetti, who speaks with the police officer involved in the arrest. Attorney Yannetti then schedules the matter for a clerk's hearing, during which he persuades the police and an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
September 3, 2008
Cambridge District Court
Clerk's Hearing
Client, a recent high school graduate, allegedly attacked a fellow student during a foos-ball game at a school function. Client's parents hire Attorney Yannetti, who scheduled the matter for a clerk's hearing. If a complaint were to be issued against him, Client could have his future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades the police and an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
August 13, 2008
Woburn District Court
Clerk's Hearing
Client, a recent high school graduate, was allegedly caught shoplifting at a department store. Attorney Yannetti schedules the matter for a clerk's hearing. If a complaint were to be issued against him, Client could have her future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
June 19, 2008
Natick District Court
Clerk's Hearing
Client, a high school student, was charged with assault and battery and malicious destruction of property for allegedly assaulting the father of one of his friends and also breaking the glass in the father's apartment door. Attorney Yannetti scheduled the matter for a clerk's hearing and prepared witnesses to testify on Client's behalf. If a complaint were to be issued against him, Client could have his future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
March 27, 2008
Westborough District Court
Clerk's Hearing
Client, a mutual funds accountant just beginning his career at a bank, was pulled over by the police for allegedly driving with a broken headlight. When the officer smelled marijuana coming from the vehicle, Client voluntarily turned over to him the small bag of marijuana in his possession. Attorney Yannetti scheduled the matter for a clerk's hearing and contacted the police prosecutor to request leniency for Client. If a complaint were to be issued against him, Client could lose his job and have his future prospects for employment damaged. Today, Attorney Yannetti convinces an assistant clerk magistrate that no complaint should be issued against Client. Client therefore maintains a completely clean criminal record. Result: Application for Complaint Dismissed.
March 11, 2008
Dedham Juvenile Court
Clerk's Hearing
Attorney Yannetti represented three Clients before a clerk magistrate on charges of malicious destruction of property. Clients were three high school sophomores who were caught defacing with graffiti the bathroom in a local restaurant. Attorney Yannetti first arranged for a meeting with the police prosecutor, then negotiated with the restaurant manager regarding restitution and letters of apology. Today, Attorney Yannetti convinced an assistant clerk magistrate that no complaint should issue against any of his three Clients. All three Clients therefore maintain their completely clean records. Result: Applications for Complaints Dismissed.
January 7, 2008
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a medical school graduate applying for his residency, was charged with shoplifting after allegedly taking some men's cologne from a downtown department store. If a criminal complaint was issued against him, his prospects for employment would be greatly diminished. Client hires Attorney Yannetti, who schedules the case for a clerk magistrate's hearing. Today, Attorney Yannetti convinced the assistant clerk magistrate that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.
December 10, 2007
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Driving home from work shortly before midnight, Client crashed his car into a guardrail. When the state police arrived to investigate, a state trooper charged him with driving with a revoked registration and no insurance. Client hires Attorney Yannetti, who schedules a clerk's hearing on the application for a complaint. Today, Attorney Yannetti spoke with the state trooper prior to the hearing and demonstrated the efforts that Client took to rectify his registration and insurance problems. The state trooper and the assistant clerk magistrate then agreed that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.
October 17, 2007
Boston Municipal Court
Central Division
Clerk's Hearing
The Boston Police applied for a complaint against Client because he allegedly purchased marijuana from an undercover officer. Client, an attorney with a prestigious law firm, was embarrassed and petrified that the complaint would issue against him -- and therefore give him an entry on his criminal record. Today, Attorney Yannetti convinced the police officer and the assistant clerk magistrate that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.
October 3, 2007
Framingham Juvenile Court
Clerk's Hearing
Client, a 15 year high school sophomore, was facing the issuance of a complaint against him for burning a park bench at a local skateboard park. Client's parents hired Attorney Yannetti, who advocates on his behalf with the police prosecutor handling the clerk magistrate's hearing. Today, Attorney Yannetti convinces the clerk magistrate not to issue the complaint -- despite her finding of probable cause. Instead, Client will perform 20 hours of community service and complete a fire-safety course. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.
July 18, 2007
Waltham Juvenile Court
Clerk's Hearing
Client, a 15 year-old high school student, confessed at the police station to committing extensive graffiti damage in his home town -- to his school and local businesses. Client's parents hire Attorney Yannetti to negotiate with the police and to represent Client at his clerk magistrate's hearing. Today, Attorney Yannetti convinces the clerk magistrate not to issue a complaint against Client, thus preserving his criminal record. Client only needs to make restitution and perform 14 hours of community service and the application for complaint will be dismissed. Result: Application for Complaint Dismissed.
June 28, 2007
Marlboro District Court
Clerk's Hearing
Client, a mother of two who is in the process of applying for a green card, was facing a felony larceny charge as a result of allegedly stealing $317 worth of goods from a department store. If a complaint had issued against her today, it might have affected her immigration status. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate and police prosecutor not to issue the criminal complaint. Client only needs to pay $100 in court costs and she avoids prosecution. Result: Application for Complaint Dismissed.
June 20, 2007
Natick District Court
Clerk's Hearing
Client, an immigrant applying for citizenship, was facing a felony larceny charge as a result of allegedly embezzling over $1600.00 from her employer. If a complaint had issued against her today, it would have stained her otherwise clean criminal record. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate not to issue the criminal complaint. Client only needs to perform eight hours of community service and she avoids prosecution. Result: Application for Complaint Dismissed.
June 5, 2007
Boston Municipal Court
Brighton Division
Clerk's Hearing
Client, a college senior, was stopped twice for speeding in a two-week period. Regarding the first citation, Client paid the ticket (for driving 85 mph in a 55 mph zone) without contacting an attorney. The second officer to stop him, however, alleged that he was driving 73 mph in a 30 mph zone and charged him with the criminal offense of operating to endanger as well. At the clerk magistrate's hearing today, the officer testified that his department has issued 50,000 citations in the last 18 years and the previous "record" for the highest speed ever recorded on that road had been 71 mph. Nonetheless, Attorney Yannetti convinces the clerk magistrate not to issue a criminal complaint alleging operating to endanger, and to instead allow Client merely to pay the fine for speeding. Result: Application for Complaint Dismissed.
May 15, 2007
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a facilities manager, was facing a charge of attempted larceny, as a result of his alleged attempt to cash a bogus check at a check-cashing store. Today, Attorney Yannetti successfully argues that Client was actually the victim of a mail scam. Before trying to cash the check, Client had been informed that he had "won a lottery drawing" held by his credit card company -- and received in the mail a bogus check that he actually believed was genuine. Attorney Yannetti convinces the police prosecutor and the clerk magistrate that a complaint should not issue against client -- thus preserving his clean criminal record. Result: Application for Complaint Dismissed.
April 24, 2007
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Client, a freshman in college, was facing a charge of Carrying a False Identification Card, a misdemeanor with potentially adverse and serious consequences that would cloud Client's otherwise bright future. The police had allegedly found someone else's driver's license in her purse when they were preparing to have an ambulance take Client to the hospital to treat her for alcohol poisoning. At the clerk magistrate's hearing today, Attorney Yannetti convinces the police and the clerk magistrate to refrain from issuing the complaint, in exchange for Client agreeing to perform community service. Result: Application for Complaint Dismissed.
March 14, 2007
Quincy District Court
Clerk's Hearing
Client, a married college graduate, was facing a charge of indecent assault and battery on a person 14 years old or older as a result of allegedly grabbing the buttocks of a local business employee. Attorney Yannetti contacts both the business and the police to explore a resolution outside of the criminal justice system. At the clerk magistrate's hearing today, Attorney Yannetti succeeds in negotiating an "accord and satisfaction," whereby the alleged victim agrees not to press charges. Result: Application for Complaint Dismissed.
March 1, 2007
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a law student, was facing a charge of assault and battery as a result of an alleged altercation outside his law school. Attorney Yannetti appears with two eyewitnesses who are prepared to testify on Client's behalf at the clerk's hearing. Today, Attorney Yannetti convinces the clerk magistrate not to issue any complaint against Client. Result: Application for Complaint Dismissed.
January 11, 2007
Cambridge District Court
Clerk's Hearing
Client, an executive, was facing a charge of wrongfully attaching plates to her motor vehicle. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate and the police prosecutor that Client was not at fault. Result: Application for Complaint Dismissed.
August 11, 2006
Boston Juvenile Court
Clerk's Hearing
Client, a junior high-school student, was facing a charge of malicious destruction of property as a result of allegedly putting metal objects in the microwave oven at school and causing a fire. Today, Attorney Yannetti convinces the assistant clerk magistrate not to issue the complaint against Client. Result: Application for Complaint Dismissed.
