No Complaint Issued at Massachusetts Clerk Magistrate's Hearing for Negligent Operation and Failure to Stop for Police

November 2020

Our client was charged with multiple driving offenses including criminal violations of Negligent Operation of a Motor Vehicle and Failure to Stop for Police -- both misdemeanors in Massachusetts. They were also charged with two civil motor vehicle violations. 

We were able to obtain the police report. As a result of reviewing the report, we presented an argument to the Clerk Magistrate on why our client was not operating their vehicle negligently and actually did stop for police. 

As a result, the Clerk Magistrate did not issue the complaint as to the criminal violations, which means our client would never be Arraigned on the charges and avoids a criminal record. Instead, the Clerk Magistrate found our client responsible for the civil motor vehicle citations. 

Practice area(s): Criminal Defense

David Ellison

Attorney David Ellison is the Founding Attorney of Ellison Law LLC.

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