Case Results » Clerk’s Hearings

  • Clerk Declines To Issue Complaint For A Minor In Possession Of Alcohol [M.G.L. ch. 138 Section 34C].

    Following a celebration at the beach, a group of youths found themselves summonsed to court for being a minor in possession of alcohol. According to police, there attention was drawn to a group of young individuals who appeared to have, what appeared to be alcoholic beverages in their hands. Upon approaching the group, the officers questioned who they believed were drinking and smelled the solo cups that they were drinking from. As a result of this, many of the previously excited partiers, were banished from the beach and summonsed to court.

    During the client's court hearing, our office outlined the impressive background of the defendant including his academic, civic and professional accomplishments. Following the hearing the clerk did NOT issue the complaint. Due to the fact that the complaint did NOT issue and the defendant was NEVER arraigned, the unfortunate incident will NEVER interfere with his future educational and employment opportunities.

    Read More in Pretrial Diversion

  • Clerk-Magistrate Denies Criminal Complaint For Shoplifting Against Non-Citizen Defendant

    A non-citizen client received a summons to appear for a Clerk-Magistrate's hearing for shoplifting. Although many individuals believe that this is a minor offense, this type of charge can interfere with someone's efforts to become a U.S. citizen and can also be grounds for deporting a non-citizen from this country.

    Realizing the significance of the charge, our office engaged in lengthy witnesses interviews and prepared a persuasive case for the hearing. Following the presentation of the Commonwealth's case and a presentation by our office which included the defendant's impressive work and civic history the Clerk declined to issue the complaint. The client left the courthouse without having to worry about his status in this country and the possibility of being separated from his family.

    Read More in Shoplifting

  • Clerk Magistrate Declines to Issue Complaint for Leaving the Scene of an Accident After Causing Property Damage Despite Defendant's Record

    The defendant was on probation for a serious crime in another court when he received a summons to appear for an arraignment on the charge of leaving the scene of an accident after causing property damage to a home. Realizing that if the defendant was arraigned he would fact a surrender hearing in another court, our office filed a MOTION TO DISMISS PRIOR TO ARRAIGNEMNT claiming that the client was entitled to a clerk's hearing because the charge was a misdemeanor which was not committed in the presence of a police officer.  The judge agreed and the complaint was dismissed.

    The police resubmitted the paperwork and the client received notification of a Clerk-Magistrate's hearing. Our office successful argued that although the defendant had a criminal record, he was doing well professionally and personally at this time and requested that the clerk not issue process. The clerk agreed and the complaint did NOT issue.

    Read More in Probation Violation Hearings

  • Client Avoids Facing Charge For Improper "Garaging" Of A Motor Vehicle

    An out of state resident allowed her son to use her car for transportation. She was unaware of the Massachusetts statue that requires that a motor vehicle that is "under control of a resident" in Massachusetts must be registered in this state. Allowing a vehicle to be garaged here for more than thirty day under these circumstances can result in criminal charges against the registered owner. See, M.G.L. chapter 90 section 3.

    Upon receiving a summons for a Clerk-Magistrate's hearing the registered owner, helpful mother, contacted our office. Attorney McCarthy familiarized herself with the facts and effectively represented the client's situation to the clerk. The clerk declined to issue the complaint ant the defendant walked out of the courthouse relieved, as she did NOT have to face a judge. The criminal application was dismissed.

    Read More in Defenses to Crimes in Massachusetts

  • Clerk Denies Application For Criminal Complaint For Driving Without A License

    According to the police report, the attention of a State Trooper was drawn to a car that allegedly ran a red light and almost struck some pedestrians. After pulling the car over the Trooper determined that the driver did not have a license to drive in ANY state. The operator, who was originally from another state, was a student at a Boston area University and failed to get her license renewed in her home state and did not have a Massachusetts license.  She received a citation for a criminal count of  driving a motor vehicle without a license [M.G.L. ch. 90 Section 10].  Attorney McCarthy represented the driver at the clerk-magistrate's hearing and emphasized her impressive educational, personal and employment background.  The clerk did not issue the criminal complaint against the client.

    Read More in Defenses to Crimes

  • Non-Citizen Avoids Facing Criminal Charge For Driving Without A License And Leaving The Scene of an Accident/ Case Dismissed At the Clerk-Magistrate's Hearing

    What was supposed to be a quick ride to the store turned into a long day when the non-citizen driver was pulled over for a civil traffic violation. The driver produced a license from another country that was not valid in the United States. He was summonsed to court for a Clerk-Magistrate's hearing. The individual contacted our office as this was a criminal offense and could have affected his travel in and out of the country and his application for citizenship that was pending.

    At the hearing Attorney McCarthy presented a favorable version of the facts and the client's impressive background. At the end of the hearing the clerk declined to issue the complaint and the client walked out of the courthouse and did NOT have to be concerned about ANY criminal or immigration consequences.

    Read More in Miscellaneous Crimes

  • Clerk-Magistrate Denies Application For Complaint Charging Leaving The Scene Of Accident Causing Property Damage

    Following a long day at work the defendant and co-workers went to a local establishment. A few left and one of them woke up to a knock on the door by a police officer. The car was at the scene of an accident with no occupants. One witness identified the defendant as the driver. The defendant was summonsed to court for a clerk's hearing facing a charge of leaving the scene of an accident causing property damage.

    At the Clerk's hearing Attorney McCarthy highlighted the client's accomplishments including commitment to the community and work. Attorney McCarthy advocated strongly for the client and the clerk declined to issue a criminal complaint. The client left the courthouse without having to worry that the case would have an affect on her future employment or academic opportunities.

    Read More in Salem, Massachusetts Criminal Defense

  • Clerk Declines To Issue Criminal Complaints For Driving an Unregistered and Uninsured Motor Vehicle Against Non-Citizen Defendant

    A ride on a recently purchased motorcycle came to an abrupt end when the driver was cited for driving an uninsured and unregistered motor vehicle. The non-citizen defendant contacted our office and the recommendation was made that he request a clerk's hearing. In the meantime, the defendant appropriately registered and secured insurance for the vehicle.

    Attorney McCarthy represented the defendant at the clerk's hearing and produced the documentation. Based on these representations the clerk declined to issue the criminal complaints and the defendant left the hearing without having to worry about ANY immigration consequences.

  • Clerk Magistrate Declines To Issue Complaint For Larceny Over $250.00 and Shoplifting Over $100.00

    A Christmas shopping spree came to an abrupt hault when a group of young women were stopped as they exited a popular mall store. A store detective detained them and accused them of taking designer merchandise out of the store without tendering payment.  All of the individuals received summonses to appear at the local courthouse to face a clerk for charges of larceny over $250.00 [M.G.L. ch. 30 (1)]  and shoplifting over $100.00 [M.G.L. ch. 30 (A)].

    One of the disappointed shoppers retained our office to represent her. During the hearing Attorney McCarthy stressed the defendant's impressive school and work history. Attorney McCarthy emphasized how even the issuance of the criminal complaint could effect future academic and employment opportunities. The Clerk ultimately agreed not to issue the complaint. Provided that the client does not get charged with any other crimes within six months the case will be dismissed without a complaint issuing. The client NEVER had to appear in front of the judge and the charge will NOT be reflected in her probation history.

    Read More in Shoplifting

  • Clerk Does Not Issue Complaint Against Client For Possession Of A Class A Substance With Intent To Distribute [M.G.L. ch. 94 Section 32 (a)] Following A Hearing

    The police report alleged that fellow police officers observed what they believed, based on their training and experience, to be a sale of a controlled substance. The alert law enforcers stopped the alleged buyer who, according to them, informed them that who the sellers were. As a result of this incident the defendant, one of the alleged distributors, was summonsed to the local courthouse for a clerk's hearing.

    During the hearing Attorney McCarthy highlighted the defendant's challenging family life and positive contributions to the community. After hearing the defendant's background, the clerk did not issue the criminal complaint. Provided the defendant does not get charged with any further crimes in the next few months the complaint will NOT issue. The defendant avoided facing a judge and NO entry was made on his board of probation record.

    Read More in Drug Crimes

  • Clerk Declines To Issue Criminal Complaint For Client Facing Charge Of Leaving The Scene Of An Accident And Operating To Endanger

    The defendant received a summons to appear in court for the charge of leaving the scene of an accident after causing property damage and operating a motor vehicle in a manner that endangered the lives and safety of the public. According to the police report, the plaintiff alleged that the defendant stopped her car short causing her to slam into the rear of the defendant's car.

    Attorney McCarthy conducted extensive interviews and determined that the plaintiff was the cause of the accident. The distraught defendant was fearful because there were a number of occupants in the car that rear-ended her. The defendant did approach a police officer upon seeing one in the area.

    Attorney McCarthy explained the predicament that the intimidated defendant was in at the time of the accident. The clerk appreciated the defendant's position and a criminal complaint did not issue.

    Read More in Clerk Magistrate Hearings

  • Attorney McCarthy Prevents Criminal Charge Of Violation of A 258E Harassment Prevention Order From Issuing Against Client Following Criminal Clerk's Hearing

    Prior to retaining Attorney McCarthy a District Court judge issued a 258E Harassment Prevention Order against the defendant. The order was particularly difficult because the plaintiff and the defendant were neighbors.

    The plaintiff alleged that the defendant violated the order while he was attempting to leave his property in the only available route by vehicle. Attorney McCarthy conducted lengthy interviews with involved individuals and presented evidence during the hearing. McCarthy argued that any contact was incidental to permitted legal activity and the encounter was not a violation. The clerk agreed and the criminal complaint did not issue against the defendant.

    Read More in: Clerk's Hearings

  • Attorney McCarthy Successfully Argues For Early Termination Of Probation

    A non-citizen client received pre-trial probation for two years on a malicious destruction of property case. During the pendency of the case the client was unable to travel to his home country because he was concerned about the immigration consequences. Attorney McCarthy brought the case forward and convinced the judge to terminate the pre-trial probation early so that the client was free to travel to see his family for the upcoming holidays.

  • Client Avoids Facing Criminal Charges Following A Clerk's Hearing

    Local police pulled over the client's car for a minor moving traffic violation. After issuing the citation the police officer noticed beer and vodka in the back seat. Upon further investigation the officer determined that the client was under twenty-one years old and had a fake out of stated identification card. The client was summonsed to court and faced two criminal charges of being a minor in possession of alcohol and possessing a fake identification card.

    At the clerk's hearing the police prosecutor outlined the facts of the case. Attorney McCarthy presented the client's favorable and impressive background and the clerk agreed not to issue criminal charges provided the client stays out of trouble for a short period of time and satisfies certain conditions. Provided the client follows these stipulations the case will be dismissed. Because the client was never arraigned, this case will not appear on any criminal history check performed on the client once the case is dismissed.