No Complaint Issued at Massachusetts Clerk Magistrate's Hearing
Our client received a summons in the mail for a Massachusetts Clerk Magistrate's Hearing for the charge of shoplifting. Our client did not have any criminal record, so it was important to have success at the hearing to prevent our client from obtaining a criminal record.
At the hearing, the police prosecutor made a presentation as to why there was probably cause to the charge. Our client did not believe they intentionally committed a shoplifting because they accidentally walked away with some merchandise after paying for other merchandise.
We were able to present information to the Clerk Magistrate to show that this was a mistake. In addition, we were able to show information about our client's life. As a result of our argument and evidence presented, the Clerk Magistrate decided to hold open the complaint for some time. As long as our client stays out of trouble, the charge will not issue. Therefore, if our client stays out of trouble, no complaint will issue and they will avoid a criminal record.
Practice area(s): Criminal Defense