Clerk Magistrate Hearings for Negligent Operation of a Motor Vehicle
An accident or driving in fraction in Massachusetts could lead to you getting a citation for a clerk magistrate hearing. If you get a citation for a clerk magistrate hearing on a Negligent Operation charge, keep in mind that a clerk magistrate hearing is a chance to prevent criminal charges from issuing against you.
Common situations where you may receive a complaint for negligent operation include the following:
- You are involved in a one car accident.
- Excessive Speeding
- If you strike a pedestrian, remain at the scene and there is no egregious driving.
At a clerk magistrate hearing, you have the ability to persuade the clerk not to issue criminal charges against you. The standard at a clerk hearing is probable cause. Often, there will be probable cause to issue the complaint; however, the clerk has the discretion to keep the case open and not issue the complaint. Here are some of the ways that Attorney DelSignore has been able to persuade clerk to avoid issue criminal complaints.
First, we focus on everything you have done since the incident. We emphasize that you are working hard, have a family, and that since the incident you have engaged in some type of treatment addressing the cause of the infraction.
If there was an accident, we may want to suggest that you will take a driving class; if there was a suggestion of alcohol use, alcohol treatment. In some cases, you may have gotten into an accident due to stress at home or work; in that case, therapy may be appropriate to address what lead to the issuance of the citation.
It is important to act respectful and dress appropriate for the clerk hearing. Often, the clerk magistrate will ask if the police department has any objection to a proposal made on your behalf. The Clerk is much more likely to accept the resolution if all parties agree.How to Request a Clerk Magistrate Hearing
You can request a clerk magistrate hearing by filing out the back of the citation and mailing it to the court within four days of receiving the citation.
Once you request the clerk hearing, you will generally receive a hearing date within 45 to 60 days.
What happens at the Clerk Magistrate Hearing?
At the clerk hearing, Attorney DelSignore will often try to come up with a practical way to resolve the case that does not result in the complaint being issued. Some methods that work including requesting that the clerk hold the case open for six months to a year with the conditions that you complete a driving course or other programs as agreed upon between all parties.
If you have questions, about a Clerk Magistrate Hearing for a Negligent Operation Charge, you can call or text Attorney DelSignore at 781-686-5924.