Legal Question in Criminal Law in Massachusetts

Clerk's Hearing on Charges of Possession

I assume that your son is charged as an adult.

A clerk's hearing is held to determine if there is a reasonable suspicion that a crime was committed, and that a given person committed the crime.

There is an issue of law related to the conduct of the police in asking those in the car to retrieve something that some else saw being thrown out.

You should tell your son to talk to no one, and certainly not post the type of description on the internet.

The next person your son should and must speak to is an attorney to analyze the case, and discuss your options.

Even in this matter, there are facts that may be in the police report or known to the police that either you are not familiar with or have not become available to you.

If they had a more solid case, they would simply have the court issue a complaint, and order your son to appear for arraignment.

So something is missing.

By all means, you should consult with an attorney. My bias is to tell you that an attorney is an essential factor in this hearing.

Your son and the attorney should sit and carefully review the facts. Your attorney may be able to either view or get a copy of the police report. This would assist in your son's defense.

I am experienced in this area. You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.

Re: Clerk's Hearing on Charges of Possession

I would hire an attorney who is familiar with criminal law who can go with you to the hearing and represent your son's interests. In many cases the charges do not make it past the clerk's hearing stage--I would need to know more about your son and the facts to give you more advice. Please feel free to contact me further. Martha Kovner

Re: Clerk's Hearing on Charges of Possession

A Clerk's Hearing in held for the purpose of determining whether there is enough evidence to CHARGE someone with a crime. Note that "charge" does not mean "convict." Once someone is charged with a crime, they have the right to a trial by jury where the prosecution must prove their guilt beyond a reasonable doubt.

On the contrary, at the Clerk's Hearing the standard needed to issue a complaint is relatively low. The Clerk is not a judge and the hearing is usually held in a conference room instead of a courtroom. The police present their evidence first. The Defendant has the opportunity to speak, but has the right to remain silent. Anything said at this point can be later used against the Defendant at trial. Only an attorney familiar with the facts of the case can decide whether it is worthwhile to attempt to mount a defense at the Clerk's Hearing stage, or whether to wait until the trial.

I do quite a bit of this kind of work, feel free to give my office a call if you require additional information.