Clerk’s Hearing Case Results

Quincy District Court

The client was driving in the area of Milton, MA in the early morning hours. The client was alleged to have stuck a fire hydrant, bushes and a sign pole. When Police arrived, the client was parked off to the side of the road a short-distance away. The client stated he did not have any recollection of what occurred because he had passed out. The officer put the client through a series of field sobriety tests to determine if he was under the influence. The client passed the test. The client was summonsed to court for a clerk-magistrate’s hearing to determine if a criminal complaint would issue. The client had visited the hospital the day of the incident and it was determined that he had fainted due to a severe cough. Massachusetts Clerk-Magistrate hearing defense Attorney Jeff Miller prepares for the hearing.

Result: Quincy Criminal Defense Attorney convinces Clerk-Magistrate not to issue a complaint. Application for complaint denied.

Cambridge District Court

The client received a notice to appear for a clerk-magistrate’s hearing on one count of threats to commit a crime.  The client had no prior criminal record.  The government alleged the client was engaged in an argument with his neighbor.  During the argument, the client made a statement that he should “go get his 9.”  The police arrived and the client admitted the statement.  Massachusetts Clerk-magistrate Attorney Jeff Miller prepares for the clerk’s hearing.

Result:  Clerk-magistrate finds probable cause but agrees to continue the case for one year without issuing a complaint.  The application for criminal complaint will be dismissed in one-year if the client does not engage in any further criminal conduct.  No entry on client’s criminal record.

Boston Municipal Court
East Boston Division 

The client is involved in an alleged domestic assault with his girlfriend.  The girlfriend reports the incident to the police.  The client is not present when police arrive.  The client is summoned to court for a clerk-magistrate’s hearing.  The client retains Boston clerk-magistrate Defense Lawyer Jeff Miller to represent him at the clerk’s-hearing.

Result:  On the day of the clerk’s-hearing Attorney Miller meets with Police Officer before the hearing and persuades him not to issue a complaint.  No criminal complaint issues.  No entry appears on the client’s criminal record.

Boston Municipal Court
Dorchester Division

The client’s sister and niece filed an application for a criminal complaint alleging Assault and Battery on a pregnant person.  The client was engaged in an acrimonious probate battle over his late mother’s estate.  The client’s sister alleged he pushed on her daughter’s pregnant stomach three times during an argument.  Dorchester Clerk’s Hearing  Defense Attorney Jeff Miller prepares for the clerk’s hearing.  At the hearing, Attorney Miller cross examines the mother and daughter.  During cross examination, some key inconsistencies are exposed.

Result:  Application for criminal complaint against the client is DENIED.  No prosecution of the client.

Wrentham District Court
Clerk’s Hearing

The police sought to charge the client with Felony Assault and Battery with a Dangerous Weapon.  The government alleged the defendant was engaged in a fight with his sister and struck her with a rolling pin type object. Wrentham Clerk’s-Hearing Attorney Jeff Miller represents client at clerk’s hearing and convinces the clerk not to issue a criminal complaint.

Result:  Application for criminal complaint denied.  No complaint issues. 

Boston Municipal Court
Central Division
Clerk’s Hearing

The police sought to charge the client with assault and battery. The government alleged the client, a 6’4” man, struck a petite female during an altercation in a nightclub. On the night of the incident, the police charged the girl with assault and battery and resisting arrest. Boston Municipal Court Clerk’s-hearing Defense Attorney Jeff Miller represents client at clerk’s hearing.

Result:  Application for criminal complaint denied.  No complaint issues.

Plymouth District Court
Clerk’s Hearing

The Client is a petite female who was summonsed for a clerk’s-hearing.  The police prosecutor represented the alleged victim, the client’s boyfriend, who alleged the client had gotten into an altercation with him.  Plymouth County Clerk’s-Hearing Defense Lawyer Jeff Miller calls a witness who testifies the relationship between the two was deteriorating and nearing an end.  The alleged victim was under the influence at the time of the incident.  Plymouth County Defense Attorney Jeff Miller convinces the clerk-magistrate not to issue a criminal complaint.

Result:  No Complaint issues, no criminal record

Woburn District Court
Clerk’s Hearing

The client police apply for a criminal complaint against the client alleging he is unlawfully in possession of a Class B substance.  The police alleged the seized a pill from a prescription bottle in the center console of the client’s car.  Woburn Clerk’s-Hearing Defense Attorney Jeff Miller argues the drug is not illegal if the client had a valid prescription.

Result:  Application for criminal complaint DENIED, no criminal record for client.

Boston Municipal Court
Dorchester Division
Clerk’s Hearing

The government applied for a criminal complaint against the client alleging criminal harassment and making annoying telephone calls.  The allegations are the client and his girlfriend had broken up after a year-long relationship.  The girlfriend stated the client harassed her via text, email and phone calls.  Suffolk County Clerk’s-Hearing Defense Lawyer Jeff Miller conferences the case with the police prosecutor assigned to the case.  Police prosecutor recommends holding application in abeyance for a period of time.

Result:  No criminal complaint issues, no criminal record.

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