Legal Question in Personal Injury in Massachusetts

If convicted mandatory 1 year in House of Corrections on leaving the scene of a personal injury accident. The higher charge of causing death might be more, but the attorney you hire will tell you. When in doubt, stop, lest you will find yourself going to a show cause hearing and hiring counsel and facing jail time. Best luck JBS

Clerk's Hearings are designed to weed out minor misdemeanor cases. The charges are "pressed" by a police department or a private party. The police department will have the opportunity to withdraw their application on the day of the hearing, and then the Clerk won't need to issue the Criminal Complaint. If the police department takes the attitude that "the system will sort it out" they may move forward with seeking the issuance of the Complaint. The magistrate will have to make a determination whether there is sufficient probable cause, which is a rather low standard to meet. Once the complaint issues, the case will be in the hands of the DA's office, which again will have the opportunity to decide to drop the case or proceed, seeking some criminal sanctions. Of course, they will have to prove all the elements of the case beyond a reasonable doubt, such as that the collision was knowing and that the death was caused by it. Suffice it to say, no one will go to jail at the Clerk's hearing, and with proper representation, most likely not at all.

I'm really sorry to hear about this situation. It must be very difficult for your son and family.

I would be happy to consult with you about the matter fee of obligation at your convenience. Please contact me directly if you wish to do so.

All the best for a good result.