In a lot of misdemeanor cases in Massachusetts, an offender may be asked to be at a clear magistrate hearing. This means that not all accused are placed under arrest. If you are in this situation, you must prepare for your hearing appearance. You need to do everything to protect your legal rights, so you can avoid being formally charged with a crime. So, do i need a lawyer for a magistrate hearing in Massachusetts? Keep reading to know the answers you need:
When you prepare for a hearing, you should hire a skilled criminal defense lawyer to represent you. A good attorney knows how to best present your case to increase the chances of your case being dismissed at the magistrate level. Also, you can take the following steps to help your defense:
Be Proactive
Whatever you do at the hearing must show your seriousness about defending yourself against the charges you are facing. You can do this by addressing the issue with your actions before your court appearance. One way to do this is voluntarily joining an alcohol treatment program following an OUI charge or enrolling in an anger management class following an assault offense.
Be Courteous
While a clerk magistrate hearing may seem informal, its legal standing is like a district court hearing. So, you must be respectful and polite to every court member, including the lawyer for the prosecution. Never make jokes as they can be interpreted differently. Also, stay calm as emotional outbursts are unproductive in such proceedings. In fact, the clerk may look at them unfavorably.
Offer Evidence
You must give your lawyer as much information as possible, so they can pick the right evidence to present at the hearing. This evidence can be recordings that demonstrate the illegal search conducted by the police or photos at the time the offense was committed. Also, you can give statements from dependable witnesses who can confirm your absence at the crime scene.
Know What to Say
Keep in mind that whatever you say at the clerk hearing can be used against your case. Thus, you should listen to your attorney’s advice regarding what information you should share with the clear and prosecution.
A clerk magistrate hearing in Massachusetts can go in your favor as long as you prepare for it. Even if the criminal charges are not dismissed altogether, the magistrate can hold the complaint for a certain period. Once this probation period passes without further complaints against you, the accusation can be dismissed.
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