OUI Clerk-Magistrate Hearings

In some circumstances, the police do not arrest you, and instead issue a citation charging you with operating under the influence of liquor or drugs. It is critical in these instances to sign the back of the citation and returning the citation to request a Clerk-Magistrate's hearing. The citation must be signed and returned as soon as possible.

If you have received a notice directing you to attend a Clerk-Magistrate's hearing, you likely do not yet have a criminal record on the charge. This presents an important opportunity to stop the prosecution before it begins. While the legal standard for issuing a complaint is low, sometimes you have other options to avoid being charged with the crime.

The Massachusetts criminal defense lawyers at Bellotti Law Group, P.C. have over 80 years combined experience handling criminal cases as prosecutors and defense lawyers. We have an impressive record when defending clients at Clerk-Magistrates hearings. Often these hearings are held in small conference rooms in the courthouse with police officers — sometimes the same officers who encountered you during the incident — making their case to the Clerk while you all sit at a table together.

This can be an intimidating experience for an individual to attend alone. Moreover, because of the nature of the hearing, conventional methods of defending yourself using the facts of the case may cause the Clerk to issue the complaint and charge you because he or she decided that the judge and jury can best deal with the case.

Your options depend upon the facts of your case. Time is of the essence because RMV/DMV notices come with deadlines and cutoff dates.

Bellotti Law Group, P.C. serves Greater Boston from our offices in Cambridge and Quincy. Contact us today, for a free legal consultation today. Contact us at 617-225-2100 or use our contact form.