Clerk Magistrate Hearing Leaving the Scene of Property Damage

In Massachusetts, if you leave the scene of property damage, you will often find yourself in front of the Clerk of the District Court at what is known as a Clerk Magistrate hearing. At this hearing, the clerk would decide whether to issue the criminal complaint against you.

Typically when you leave the scene of property damage, the officer will give you a citation; when you fill out the back of it, you can request a Clerk Magistrate hearing. At this hearing, you can attempt to prevent the criminal complaint from being issued.

Leaving the Scene of Property Damage claims can occur when you hit a car, there is minor damage and you do not make your identity known to the police. In some cases, there is even a dispute about whether there was any damage to the other car.

If you have no record, often a Leaving the Scene of Property Damage claim can be resolved at the clerk hearing.

The main issue is whether the other person has been paid for the damage to their vehicle. Often, we would want to present proof that insurance paid for the damage to the other car. This is usually and important set toward resolving the case without the criminal complaint issuing.

How can the Leaving the scene of property damage case be resolve at a clerk hearing?

At the Clerk Hearing, Attorney DelSignore will present the following information:

1. Background information about you;
2. Your employment history;
3. Any mitigation evidence
4. Your willingness to compete any program in exchange for the complaint not issuing.
5. Your ability to avoid further criminal charges.

In some cases, the clerk will agree to keep the case open at the clerk level for a period of time in exchange for not issuing the complaint. If you comply with all the condition, the criminal charge will not issue and it will remain a private matter. If you fail to comply with the conditions, the clerk will issue the complaint.

Not all cases will the clerk magistrate agree to this type of resolution. In some cases the magistrate will issue the complaint. Typically, a charge of leaving the scene of property damage, when it is your first offense can be resolved with an admission to the conduct and with some sort of dismissal.

If you have questions about a leaving the scene of property damage clerk magistrate hearing, you can call or text DelSignore Law at 781-686-5924.

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