Clerk’s Hearings

A golden opportunity to win your case before it even starts.

Often the first step in a criminal case is a Clerk Magistrate Hearing (or clerk’s hearing). This is an informal hearing where the police or other person seeks to bring charges for crimes that do not result in an arrest. They are common for theft cases, motor vehicle charges, and fights that are not witnessed by the police. Having a skilled clerk magistrate defense lawyer represent you at these hearings can be the difference between having a clean record and facing charges in court later.

Attorneys Erkan and Sullivan represent clients charged with a wide variety of crimes. We regularly represents clients at these hearings in the Lowell, Lawrence, Ayer, Concord, Salem, and other district courts and the Boston municipal courts. Charges can issue in these cases even if it is unclear whether the crime occurred or not – the standard is probable cause, which is far less than what is required for a conviction. Even though the standard is lower, having an attorney represent you at these hearings is important. What you say can be used against you, legal arguments can prevent the charges from issuing, and agreements to prevent the charges from ever issuing can be negotiated. The guidelines that govern clerk magistrate hearings are available online.

Our office has had tremendous success in representing clients where charges were stopped before ever appearing on their record. From gun charges, theft offenses, drug crimes, and motor vehicle offenses, we have made passionate arguments that have kept our clients out of the courtroom and allowed them to move on with their lives without any charges issuing. If you are being investigated or accused of a crime and have a clerk’s hearing coming up, give us a call. You’ll be glad you did.

Past Cases

Crime: Improper storage of a firearm
Facts: Client accused of leaving an unattended rifle in his home was charged.
Result: No charges issued

Crime: Insurance Fraud
Facts: Client accused of attempting to collect over $10,000 from insurance company.
Result: No charges issued

Crime: Criminal Harassment
Facts: Client accused of harassing neighbors regularly over a period of time
Result: No charges issued – no probable cause found

Crime: Assault and Battery
Facts: Client accused of hitting a child after two elementary students were fighting
Result: No charges issued

Crime: Violation of a Restraining Order
Facts: Client accused of multiple charges of violating a restraining order that issued after a bad breakup
Result: No charges issued – no probable cause found

All cases are different and unique. Having an attorney who has handled numerous cases before Clerk Magistrates across the state is important to being able to make the most successful argument available. Being innocent of the crime may not be enough to stop charges from issuing. Talk to a lawyer who has a history of achieving results to ensure the best argument you have is made on your behalf.

Call Today

Attorneys Erkan and Sullivan frequently handle cases after a clerk’s hearing has already taken place. Many of these charges may have not issued had a different argument been made to the Magistrate. We talk to our clients and advise on strategies that are unique, creative and compelling. Using these methods, we have preserved our clients records and saved them from the stress of formal charges. Call today to schedule your consultation and discuss your case with our skilled and battle-tested defense lawyers.