Massachusetts Criminal Defense Lawyer Elliot Savitz handles all types of criminal cases and procedures,
including arraignments, pre-trials, motion to suppress
hearings, bail hearings, trials, and appeals.
Facing a Clerk's Hearing
("Show Cause" Hearing) on a Massachusetts Charge?
Don't Risk a Criminal
Charge
on your Record - Fight Back!
What is a Clerk
Magistrate's Hearing?
A Clerk Magistrate's hearing (also known as a
"show cause" hearing) is one of the first
stages in the Massachusetts court system. In some cases, you may be
called in to a clerk's hearing via a criminal citation or summons
through the mail instead of being arrested and arraigned on
misdemeanor charges.
The purpose of a show cause hearing is to
determine whether there is sufficient evidence or reasonable cause to
believe the case warrants further legal prosecution, and move
forward with the criminal charges brought against you. Often people are
called in to a show cause hearing if they receive a misdemeanor charge
notification in the mail, before any arrest occurs. I've been to
clerk's hearings with clients facing charges including drug
possession, shoplifting,
assault,
and criminal traffic charges.
A Clerk's hearing is also the first step
if you are facing a civil, non-criminal charge, such as a speeding
ticket or other moving violation. An experienced attorney can
frequently help in these matters as well, ultimately saving you money
in fines and insurance rate increases.
Don't Go To a Show
Cause Hearing Without An Attorney!
It is Your Best Opportunity to
Beat the Case
A good
criminal defense lawyer will
use the show cause hearing as an opportunity to get the entire case thrown out
and the charges voided. In fact, when I represent a client at a
clerk's hearing, more than 80% of the time no complaint is issued.
Some lawyers tell their clients to go to a clerk's hearing
themselves, and then call them if a complaint is issued. This is a
mistake.
It is critically important to have an
attorney present at a Massachusetts clerk's hearing / show cause hearing to give you a
fighting chance of getting the charges against you voided. A voided
charge is far better than a dropped charge, since their is no record of an
arrest. It's as if the incident never happened.
Massachusetts Show Cause
/ Clerk's Hearing Legal Strategies
The goal of the clerk's hearing is to
convince the clerk that there is not sufficient evidence to bring
forward a criminal charge. I will use every conceivable argument to
convince him or her of that. I'll also argue on behalf of my client
that in the interest of justice, a complaint should not be
issued. Especially if you are a first time offender who has never been
in trouble before, and this complaint will cause you tremendous
difficultly and life altering changes, I can legitimately argue that
no good will come from further legal proceedings, and justice would
not be served!
It is also possible with some misdemeanor
cases for a good Massachusetts attorney to have a charge
remanded to a show cause hearing even after a person is
arrested and arraigned. I often use this tactic in cases with charges
ranging from Operating on a Suspended license to Shoplifting.
By
calling, you have nothing to lose. I'll be happy to talk with you
and discuss your case before you decide if you want to hire me. Either
way, you'll get some free advice. Defending people accused of crimes
is what I do for a living. Call to set up a free consultation now. I
help people just like you from all across greater Boston. I have offices in
Dedham and Brockton, MA.
Elliot Savitz, Attorney at Law
30 Eastbrook Road
Suite 201
Dedham, MA 02026
(781)326-2700
Disclaimer: Reading this site is
no substitute for competent legal advice. This site is for
informational purposes only and is not meant as advice. By
reading this site, no attorney client relationship is established.