Clerk-Magistrate Hearings

In some circumstances, you may not be immediately arrested and charged, even though the police wish to charge you with a crime. In these cases, they may instead issue a paper citation identifying certain offenses and release you. The citation begins a process in which the police department asks a court Clerk-Magistrate to determine, at a hearing that you may attend with an attorney, whether probable cause exists to charge you. The citation may look like a traffic ticket, but seek serious charges, even felonies. If you have received this type of citation you must sign, date and return it to the appropriate District Court as soon as possible. Be sure to keep a copy of the citation for your records.

Your next step is to contact BELLOTTI LAW GROUP. If you have returned the citation within the appropriate time frame, our attorneys can assist in scheduling the Clerk-Magistrate’s hearing and preparing your defense. This may include gathering documentary evidence, photographs, witnesses and preparing you to testify. This hearing presents an important opportunity to stop the prosecution before it begins, but you may waste your opportunity by failing to return the citation or failing to appear at the hearing. While at this stage the legal standard for issuing a criminal complaint is low, sometimes you have other options to avoid being charged with the crime. Keeping the charge off your criminal record can prevent your exposure to penalties and incarceration!

Contact BELLOTTI LAW GROUP today and have a professional accompany you to court. These hearings are often held in small conference rooms in the courthouse with police officers -- sometimes the same officers who encountered you during the incident -- making their case to the Clerk while you all sit at a small table together. This can be an intimidating experience for an individual to attend alone. Moreover, because of the nature of the hearing, conventional methods of defending yourself using the facts of the case may cause the Clerk to issue the complaint and charge you because he or she decided that the judge and jury can best deal with the case.

Remember, certain court and RMV/DMV notices come with deadlines and cutoff dates. Contact BELLOTTI LAW GROUP today to discuss your case. We offer free telephone consultations. Be sure to have any paperwork or other information ready when you speak to us. Call us today!