In misdemeanor cases, even serious ones like a misdemeanor motor vehicle homicide (also known as motor vehicle homicide by negligent operation of a motor vehicle) or hit and run with personal injury, you can be accused of a crime, but not yet charged or arrested. In fact, in cases where the police didn’t witness the crime, and the alleged offense is not a felony, they cannot arrest you. [Read more…]
Are Clerk Magistrate Hearings Secret Proceedings Where The Privileged Get Criminal Charges Buried?
Update: 9/10/19: The Mass SJC orders increased transparency for “show cause” hearings. Among the new requirements:
- All hearings will be recorded.
- Information about the hearings will be publically available in more cases, with anonymous data.
No charge issued at Clerk Magistrates Hearing. Was it special treatment?
A news story reported by WCVB Channel 5 suggests that a finding of no criminal charge at a clerk Magistrate’s hearing in Highham is suspicious, and suggested a special deal. There is store video of a husband and wife apparently walking out of the Kohl’s in Hingham which a cart full of clothing that they didn’t pay for.
The kicker is that the defendant is Edward Savage, formerly the police chief in Hanson and his wife Christine.
And now, after apparently not meeting the terms of the hearing deal agreed to last July, to write a simple apology letter, the pair is to be arraigned and charged with the crime on April 2nd.
Did a former police chief get a criminal charge against swept under the rug the first time because of who he was? The details are interesting, but the conclusion is: Probably not. [Read more…]
How to Avoid a Criminal Record – Pretrial Probation vs Pretrial Diversion
I can’t have a criminal record. Is there anything you can do to help me?
We get this question nearly every day from callers facing minor criminal charges. For many people, the consequences of a criminal record are very frightening and can have a life-changing, negative impact.
A criminal record can prevent you from getting your dream job, a scholarship, an apartment, and cause a variety of other unpredictable problems, now and in the future.
Many organizations and schools routinely run CORI checks on members and volunteers. You need to submit to a CORI check to coach your child’s soccer team, volunteer to be a scout leader, or even just to chaperone a school field trip or event.
The good news is that there are often legal defense options available that can avoid a criminal record. We are able to take care of a lot of these case if you receive a criminal citation to a clerk magistrate’s hearing. But we can also work out a deal to avoid a permanent criminal record that will appear on a background check after an arraignment, or sometimes, technically, immediately before it happens. [Read more…]
5 Things You Need to Know About Negligent Operation
Receiving a citation or getting arrested for negligent operation of a motor vehicle can be overwhelming and confusing.
Very often, this charge happens just after you have been in an accident or had a near miss, so you are already shaken up. And in other cases, you don’t even think there was a problem with your driving, but the police are still accusing you of a crime. [Read more…]
When is My Clerk Magistrate’s Hearing Date? What Do I Do Next?
You received a criminal citation in the mail or in person. You have sent in the uniform citation as required. You mailed it on time.
[Read more…]