Legal Question in Criminal Law in Massachusetts

Re: appearing before a magistrate for assault and battery

Because it is a misdemeanor offense (potential penalty is only house of correction sentence) your son has a right to a clerk's hearing to determine if there is probable cause to issue a complaint against him. You should definitely hire an attorney to go with you to the clerk's hearing who knows the criminal arena. Oftentimes at clerk's hearings, the complaints are not issued, or they stay open for a period of time and as long as there are no further difficulties they will not be issued. A criminal defense attorney can prepare you for the hearing, decide the proper strategy at the hearing and talk to the parties involved before the hearing to attempt to resolve it before the hearing even takes place. Hope that this helps. Please feel free to contact me further. Martha Kovner

Re: appearing before a magistrate for assault and battery

The purpose of a clerk's hearing is to ascertain whether there is probable cause to issue the complaint, which would initiate formal criminal process against your son.

Your son will not be answering any questions there, in fact, he has the right to remain silent, which he should most likely exercise. The party bringing the complaint (either the victim of the assault or a police officer) will give their account of what happened, and then your son or his attorney can present a defense if they so choose.

Because the story only has to meet the "probable cause" standard, if the victim's story holds up even a little, the complaint will issue and the criminal case will go forward.

This kind of hearing is usually the place to come up with creative resolutions and agreements among parties to prevent these cases from going forward.

Feel free to call my office if you have any additional questions.

appearing before a magistrate for assault and battery

To give you a little sense of this process, the hearing is called a show-cause hearing. The evidence is presented to the clerk magistrate to determine if there some evidence that a crime was committed, and your son was the person who was involved.

If there is a finding against your son, a complaint will issue, and he will be arraigned. A judge does not participate. That your son was not arrested is a benefit in this equation.

Having said the above, this is a critical step. You should retain an attorney experienced in criminal defense to represent your son in this hearing.

Having said this, this is my area of expertise, and you are welcome to contact me about this matter.