When seeking help for a Clerk Magistrate hearing, potential clients inevitably ask whether they really need to hire a lawyer for the hearing, or if is something they can do on their own? My answer is naturally the same every time – if you want to make the most out of the only opportunity to avoid a criminal record, hire an attorney now.
The upside to having a lawyer at the outset, even before charges issue at a Clerk Magistrate hearing, far outweigh any potential cost saved by representing yourself. If the charges issue against you, you will typically spend much more in attorney’s fees and usually for a worse result. My partners and I have represented clients in hundreds of Clerk Magistrate hearings, ranging from Leaving the Scene of an Accident, and Negligent Operation to Drug Possession, Extortion, and other felonies. I have won over 90% of the hearings I have appeared on and for good reason – we know what Clerks and police prosecutors are looking for in these hearings.
A recent case I appeared on provides an excellent example of what exactly the difference is between hiring a lawyer and going it alone. As tends to happen, a group of students were cited for possession of alcohol at a Western Massachusetts college. I represented the five minors, all athletes, and none of them were Massachusetts residents. Without exception, each of the young students had aspirations of careers that required graduate degrees and necessitated the ability to pass a background check. Two of the minors were international students and could have faced immigration problems if the criminal complaints issued, including losing their student visas.
Leading up to the hearing I spoke with each student individually. I compiled a relevant personal/academic/athletic history for each student, and kept all parents informed and answered all questions. More importantly, the week of the hearing I had spoken to the police prosecutor handling the cases and had worked out a favorable result for my clients before we ever stepped foot into the courthouse. The day of the Clerk Magistrate hearing I had all of the cases called together. We were also the first cases called (upon my request). Twenty minutes later, my clients and their parents were able to walk out of the courthouse having known the result several days in advance. In this particular instance, 100% of the guesswork was removed.
I have had numerous clients who tell me they are nervous about a hearing in the weeks that lead up to it. For many, criminal charges mean losing a job, losing your housing, or even losing your legal status in this country. For someone who has never experienced the criminal justice system, or the complex processes that make it move, it can be overwhelming and stressful. An attorney provides assurance and peace of mind. We not only do all the talking in the hearing, but we guide you through the entire process.
If you find yourself in a position that you think you may need a lawyer, and cannot decide, call us. A consultation is always free and you will likely save yourself a lot of worry.