No Complaint Issued at Massachusetts Clerk Magistrate's Hearing for Failure to Stop
Our client was issued a notice for a Clerk Magistrate's Hearing in Massachusetts for Failure to Stop for Police, a criminal charge, and Speeding, a civil motor vehicle infraction.
Our client did not know that the police had followed them. One of the elements the prosecution has to prove for Failure to Stop for Police is that the defendant realized that the police officer had made a command to stop and the defendant intentionally disobeyed it.
We presented an argument to the Magistrate that the failure to stop was not intentional. The Magistrate agreed with our argument. As a result, the Magistrate did not issue a criminal complaint for the Failure to Stop. This meant our client did not get arraigned on the charge and avoided a criminal record.
Practice area(s): Criminal Defense