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Clerk Magistrate Hearings
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Exploring Clerk Magistrate Hearings in Massachusetts: A Detailed Walkthrough

In the video below we unravel the complexities of clerk magistrate hearings in Massachusetts. Our expert clerk, magistrate hearings attorney, Nate Amendola will guide you through the entire process, shedding light on what unfolds during these hearings and providing a broader perspective on how individuals find themselves entangled in the criminal justice system.

The focus of this video is on understanding the ins and outs of clerk magistrate hearings. From the point of arrest or receiving a summons, to the steps leading to criminal charges.

The video discusses the following :

  • Arrests and Summons:

Whether you find yourself in handcuffs or receive a formal notice to appear in court. Arrests and summons are the two main entry points into the legal system, understanding these initiation points is crucial to grasp the subsequent legal journey.

  • Application for Criminal Complaint:

The process of applying for a criminal complaint is required, even after an arrest, law enforcement must take these additional steps. Our team can help explain We break down the paperwork involved, such as police reports and statements of facts, that are submitted to the court to formalize charges.

  • Clerk Magistrate’s Role:

The clerk magistrate’s  responsibility during the application review, is to mainly focus on the assessment of probable cause. Probable cause, as we’ll illustrate, is a relatively low standard, making its establishment common. This part aims to demystify the clerk’s function and highlight the key criteria influencing their decisions.

  • Probable Cause Evaluation:

Taking a deeper dive into the concept of probable cause, we explore its significance in determining whether a case proceeds. Real-life examples are provided to illustrate scenarios where probable cause might be established, emphasizing that it’s a preliminary standard, not a determination of guilt.

  • Moving Towards Arraignment:

Should the clerk magistrate approve the application for a criminal complaint, the next step is the arraignment. This court proceeding marks the formal presentation of charges, underscoring the sequential nature of legal proceedings and the importance of each stage.

  • Exceptional Cases:

Our exploration extends to exceptional cases where the police seek to arrest an individual who hasn’t been arrested yet. This scenario adds complexity to the legal process, and we’ll break down the nuances and legal considerations at play.

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