Legal Question in Criminal Law in Massachusetts

Probable Cause Hearing after Class D Citation, Need Help

My friends and I were recently pulled over by a state trooper on interstate 95. His official reason was that we were swerving, which is false, but then he searched the car saying he smelled marijuana. He found a pipe with a half smoked bowl, about half a gram. He decided not to arrest any of us and just wrote us all criminal citations for possession of a Class D substance. Now we have to court for a preliminary hearing in front of a magistrate called a ''Probable Cause Hearing.'' Apparently if the court clerk finds in our favor the charges disappear and if not we're formally indited. I need this hearing to go my way or my college admission is revoked!!! What strategy should we use? Pity saying we're all good kids with otherwise perfect records and a formal charge would ruin our future? Or should we try to argue the officers reasons for pulling us over and finding the drugs, literally the probable casue behind it?! Please help me! This is tomorrow! Thank you!!


Asked on 7/06/03, 7:24 pm

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Probable Cause Hearing after Class D Citation, Need Help

You've shown bad judgment by waiting until the night before you are due in court.

If they find PC and a criminal complaint issues,

run to the best criminal defense attorney you can find in your area. You do not say where you are located in the State, so there is no sense listing them here. I do not know even whether that is allowed on this board.

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Answered on 7/06/03, 10:20 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Probable Cause Hearing after Class D Citation, Need Help

First of all this is somewhat unusual. Usually the officer will take the contraband, and arrest you. Second, what you are going to is a show cause hearing, where a state police rep reads a police report, and then you get to make your pitch. I can say several things, but it is best that you contact an attorney familiar with the Court where the show-cause hearing is to be held, and familiar with district court CRIMINAL practice. You would be shooting yourself in the foot if you went in on your own. The approach which you used to describe the event herein will probably not work,

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Answered on 7/06/03, 10:42 pm


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