Under Massachusetts Law, a District Court may grant a defendant what is known as a “Hearing on an Application for a Criminal Complaint.” These criminal complaint hearings are held before a Clerk Magistrate in the applicable courthouse. Criminal Clerk Hearings are only available when facing certain charges or when a defendant has not been arrested.
If the police wish to file criminal charges, they may do so in the following ways:
- Arrest;
- Issue a Massachusetts Uniform Citation with the “Crim” Box Checked Off;
- Mail a Summons for a Clerk Magistrate’s Hearing on an Application for a Criminal Complaint.
In order to be heard at a Clerk Magistrate Hearing, the accused must take swift action. If a criminal citation has been issued by the police, the accused must request a Hearing on the Criminal Complaint Application through the applicable Clerk Magistrate’s Office within 4 days of receiving the ticket.
Criminal Traffic Citations
Most misdemeanor traffic offenses result in the issuance of a Criminal Uniform Citation. A ticket for a criminal infraction will have the “crim” box checked off next to the offense charged. In addition, criminal traffic citations will be marked “Criminal Application” on the line above the police officer’s signature.
Some of the more common criminal motor vehicle offenses include:
- Unlicensed Operation of a Motor Vehicle
- Driving to Endanger
- Leaving the Scene of Property Damage (Hit and Run)
- Negligent Operation
- Expired Registration
- Expired Insurance
- Driving with a Suspended Driver’s License
- Attaching Plates
When a Criminal Ticket is issued, it is imperative to seek legal advice immediately as action must be taken within 4 days at the applicable District Court.
Summons in the Mail for Clerk Magistrate Hearing on an Application for a Criminal Complaint
Once the charges have been filed, the court will mail the defendant a “summons.” The summons notify the accused of the scheduling of the Clerk Magistrate Hearing on an Application for a Criminal Complaint.
This Clerk Magistrate Hearing takes place prior to arraignment. Often times, a skilled criminal defense attorney will be able to get the case dismissed at the Clerk level. If the case is not dismissed by the Clerk Magistrate, the court will set the case up for an arraignment before a judge.
Those summonsed to appear for a criminal complaint hearing may bring an attorney to present their arguments. Given the nuances of these types of legal proceedings, it is often enormously beneficial to have representation at the Clerk Magistrate Hearing.
Flat-Fee Criminal Complaint Defense Representation
At the Massachusetts Criminal Defense Law Firm of Caselden Law, we have successfully defended hundreds of clients at Criminal Complaint Hearings in courthouses throughout the Commonwealth.
As a client of Caselden Law, your Boston defense attorney will zealously argue on your behalf at the Clerk Magistrate Hearing. Through legal knowledge, preparation, and experience, our firm will explore every avenue available in order to achieve the best possible outcome.
Our firm handles all criminal application hearings on a Flat-Fee Basis. Contact Us today to receive a free of charge case evaluation and flat-fee quote.