For a lot of reasons. Not because the fix is in, but because I have the experience to solve the problem of giving the clerk every possible reason to dismiss the case. We do the legwork and cover all the bases. However, you risk missing your best opportunity to make the charge go away.
If you win, your case gets completely tossed out, like it never happened. That is the best kind of win. It essentially means that there was never a criminal charge against you.
However, even if the case proceeds and the clerk magistrate determines that there is enough evidence to allow the case to go forward, having a lawyer already on the case can be a big plus in ultimately winning the case. We usually do. No, you are not entitled to a public defender or court-appointed lawyer until you are formally charged with a crime. If the Clerk issues the formal criminal charge, you could be eligible at an arraignment. This is unfortunate and rather unfair, since this hearing is very often the best chance to proactively avoid a complicated and expensive legal trial, and having a lawyer at the hearing is a huge advantage, for you, the accused.
The prosector is almost always literally a cop from the same department as the officer who wrote you the citation. They are not on your side, and you want someone who is fighting for you and knows what it takes to win. We will go over our strategy when we talk to you because it depends on the case specifics and the type of charge. We will gather from you whatever documents and evidence we think will be helpful in getting the best result. Mostly, we will make sure the case is completely prepared, and we can answer any questions that the Magistrate might have.
We want to preemptively eliminate any possible reason he might not want to dismiss the case, and make it EASY to conclude that there is no need for any charge to go forward. If there are specific questions that need to come out, I will ask them or allow you to be asked, and answer them. But most of the time, the best strategy is for you as the defendant to say as little as possible and let me handle the whole thing.
Dress appropriately for court — business casual at least. It is never helpful to get defensive in court. It depends. I would want to make sure a witness would definitely be helpful.
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We will discuss that as part of your consultation and case preparation. You were never charged with a crime. Nothing appears on your CORI. You will face a formal criminal charge at an arraignment, and be given a chance to plead not guilty. Then we will figure out the next step and best strategy for your legal defense. There are still many options to work with and try to avoid a criminal conviction, either prior to arraignment or afterward at a pretrial conference. The worst case is that they find cause to charge you with a crime and issue a criminal complaint.
Then you will be given a court date to be arraigned and formally charged. No, the decision of the Clerk-Magistrate is final.
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The criminal complaint will issue, but there are still many options available to us to fight the case and potentially avoid a criminal charge and conviction. But it is always a flat fee, fully disclosed and complete, up front, before you decide to hire us. We can sometimes work out payment plans. For more serious or complex cases, it will cost more.
If you want to hire Attorney Matson personally, it may cost more since his time is at a premium. We always charge flat fees , so there are never surprises, extra billings, or overcharges. The flat fee covers staff work, research, obtaining documents, filings, witness interviews, court scheduling, and anything else. That is for the hearing only.
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But if we lose, there will be additional costs for representation at an arraignment, pretrial, or trial. Typically, yes, but I have had felony charges occasionally go before a clerk magistrate, such as felony malicious damage to a motor vehicle. And some misdemeanor offenses that go before a clerk magistrate are quite serious, such as leaving the scene of serious bodily injury, or misdemeanor motor vehicle homicide.
Most of the time, they are not. For the NCAA college athletics sanction of a similar name, see show-cause penalty. Hill; Kathleen T. The Free Dictionary by Farlex.
SJC orders clerks in ‘secret court’ cases to record all hearings - The Boston Globe
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