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 all -- 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 argument 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, I can help you prepare for a clerk magistrate's hearing.  I 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.