Legal Question in Criminal Law in Massachusetts

Clerk Magistrates hearing
My daughter, 15, has received a summons to appear for a clerk magistrate hearing. She was questioned by police after a fist fight without them contacting me. I never even got a phone call and now they want to press formal charges for assualt and battery, hence the hearing. Can they use what she said to the police against her even though she is a minor with no parental representation during the interview? And can I advise her to not say anything during the hearing? I cannot afford an attorney for this but do not want to see my daughter charged with assault for a schoolyard disagreement. Any advice at all would be helpful.

Asked on 10/14/08, 6:07 am

2 Answers from Attorneys

Gregory Casale Gregory Casale Attorney At Law

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Re: Clerk Magistrates hearing

You certainly may go to the Clerk's Hearing with your daughter and I strongly advise her not to admit to doing anything that would incriminate her. The criminal complaint will probaby issue if the complaintant says that your daughter assaulted him/her. The standard of proof at a Clrek's Hearing is very low... "is it probable" that she was involved in a fight. If it does issue, she should also seek a complaint against the person accusing her. At some point maybe you can discusee mutually dropping the cross complaints. You really should have an attorney if the complaint issues. You do not want your daughter to have a criminal record at the age of 15, or at anytime at all if it can be avoided. The money you save today will mean nothing to you 10 years from now but the criminal record will stay with her for life.

Answered on 10/14/08, 10:11 am

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