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.
And now you are just waiting. At some point soon, you will get the official notification in the mail about the scheduling of your clerk magistrate’s hearing date.
But for many people, this is when they start to get nervous, wondering what is going to happen next.
First of all, you should try to relax, and not be concerned with delays, what the court is thinking. Because they aren’t thinking anything. You are just a piece of paper in a stack at the courthouse to them.
But there are a couple of things you should keep in mind.
- Do NOT talk to the police, anyone at the courthouse, your insurance company, or anyone else about your case.
- This is the perfect time to get a lawyer for your case. who can represent you and give you your best chance to win the hearing.
Do I need a lawyer at my clerk magistrates hearing?
It’s a huge advantage, and your best chance to get the case dismissed
The earlier I am hired, the more I can do for you, and the better the chance to get your charges completely dropped at the hearing.
I wrote an entire book on beating clerk magistrate’s hearing, so you can feel confident I know how these work.
The first thing I can do is help you get your Clerk Magistrate’s hearing court date settled and scheduled.
We can call the court and find out your court date – sometimes before you are even officially notified yourself.
I can also get the court date moved, and set to a date that is convenient for you.
If your case has another party that is a victim
Leaving the Scene of an Accident
A leaving the scene of an accident case is one of the most common charges I represent.
There is often initial case prep we can get to work on that can be a big help in winning at the hearing.
One of the secrets about these hearings is, if you can give the clerk a legitimate reason to drop the case, they often will.
In a hit and run case, if there are no injuries, and if the other party who took damage has been paid by the insurance company, there is no one left.
But you should not talk to your insurance company yourself. Why not? If you admit fault in the accident to your insurance company, that can be used against you as evidence of a crime in court. Let us help you deal with the insurance company and avoid and incriminating statements.
However, if I, as your attorney speak to your insurance company and ask them to not dispute the claim of fault and pay the other party, that is not a statement that can be used against you.
That way the victim is covered, and there is no compelling reason to push a criminal charge. It simply isn’t in anyone’s best interest.
This is the best way to keep you out of criminal jeopardy.
Negligent Operation / Reckless Driving Hearings
If there was an accident that got you a citation for Negligent Operation / Operating to Endanger, I know you don’t want to have to deal with a criminal charge and a record.
Accidents happen, and sometimes police get involved when it isn’t necessary. If you made a mistake and did something dumb behind the wheel, we can work to demonstrate that it was a one-time incident that isn’t likely to ever happen again.
There are online driving safety courses that it can be beneficial to take in advance of your hearing, to show remorse and the fact that you are taking the incident seriously.
Shoplifting / Larceny
If you got a citation for shoplifting, you probably got caught on the spot. So the store isn’t out any merchandise or costs.
Generally, that is all they care about. They may send some threatening letters (don’t pay them!), but they don’t often pursue criminal charges aggressively. They just want to protect their interests and prevent people from shoplifting.
If they aren’t concerned or are convinced you aren’t going to bother them again, we can usually work out a very favorable agreement.
There are also shoplifting / retail theft awareness courses online that you can take to demonstrate that you are taking responsibility for the incident.
We can use similar tactics in other cases such as property damage, theft, or other types of criminal accusations that might make it before a clerk magistrate. If the other party doesn’t gain anything from a charge being issued, we stand a good chance of beating the charge at the hearing.
The goal is always to keep your record clean, and avoid any criminal charge.
Preparation Wins Cases
I know in advance, the more behind the scenes planning we can do, the better the chance of a good result. I know what Clerk magistrates are looking for to let a case get dismissed, so I want to bring the facts that make that decision easy for them, and good for you.
We want to hopefully make the hearing itself a formality, and walk out of the courtroom with no criminal charge issued.
If you’ve got a hearing coming up and want to know your best chance to win and not get involved with a complicated criminal charge, call or text me for help today.
