Mobile Icons

Text DelSignore Law at 781-686-5924 with your name and what kind of charge you are texting regarding.

Clerk Magistrate Hearing Leaving the Scene of Property Damage

In Massachusetts, if you leave the scene of property damage, you will often find yourself in front of the Clerk of the District Court at what is known as a Clerk Magistrate hearing. At this hearing, the clerk would decide whether to issue the criminal complaint against you.

Typically when you leave the scene of property damage, the officer will give you a citation; when you fill out the back of it, you can request a Clerk Magistrate hearing. At this hearing, you can attempt to prevent the criminal complaint from being issued.

Leaving the Scene of Property Damage claims can occur when you hit a car, there is minor damage and you do not make your identity known to the police. In some cases, there is even a dispute about whether there was any damage to the other car.

If you have no record, often a Leaving the Scene of Property Damage claim can be resolved at the clerk hearing.

The main issue is whether the other person has been paid for the damage to their vehicle. Often, we would want to present proof that insurance paid for the damage to the other car. This is usually and important set toward resolving the case without the criminal complaint issuing.

How can the Leaving the scene of property damage case be resolve at a clerk hearing?

At the Clerk Hearing, Attorney DelSignore will present the following information:

  1. Background information about you;
  2. Your employment history;
  3. Any mitigation evidence
  4. Your willingness to compete any program in exchange for the complaint not issuing.
  5. Your ability to avoid further criminal charges.

In some cases, the clerk will agree to keep the case open at the clerk level for a period of time in exchange for not issuing the complaint. If you comply with all the condition, the criminal charge will not issue and it will remain a private matter. If you fail to comply with the conditions, the clerk will issue the complaint.

Not all cases will the clerk magistrate agree to this type of resolution. In some cases the magistrate will issue the complaint. Typically, a charge of leaving the scene of property damage, when it is your first offense can be resolved with an admission to the conduct and with some sort of dismissal.

If you have questions about a leaving the scene of property damage clerk magistrate hearing, you can call or text DelSignore Law at 781-686-5924.

Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire