Should you request a clerk magistrates hearing when you get a Criminal motor vehicle citation?
When a person receives a citation for a motor vehicle crime in Massachusetts, the citation form includes a place to sign and request a clerk magistrate’s hearing.
What does this mean, and should you do it?
There are a lot of benefits to requesting this hearing. Under M.G.L. c. 218, s.35A, a person charged with a misdemeanor offense and not arrested is generally entitled to a hearing in front of a clerk magistrate’s hearing, before a criminal charge actually issues.
This hearing allows you, or your attorney, to argue that there is no probable cause that a crime was committed. In some circumstances, a clerk magistrate can also use their discretion to decline to issue a criminal complaint even if there is probable cause.
When it comes to motor vehicle offenses, that citation is the only notice that is given of this right to potentially have a case dismissed before it even gets charged.
But when you receive a citation you have to hurry. You only have four days to get that signed citation to the court, otherwise it may be too late to get this hearing, and you first court date will be an arraignment where you are formally charged with whatever motor vehicle crime you were cited for. Once this happens it enters on your criminal record, and can lead to additional criminal and administrative penalties, including loss of driving privileges and even incarceration.
That’s why it is of the utmost importance to act fast if you are given a citation for a criminal motor vehicle charge. One thing you should do as soon as you receive such a citation is consult a lawyer who can advise you how to protect your rights and provide representation at a Clerk Magistrate’s hearing
