Legal Question in Criminal Law in Massachusetts

I have a clerks hearing for driving on a suspended license and giving a police officer someone elses license. I got pulled over, cited and they let me leave. They towed the vehicle and found papers and things with my real name on it. Now they want to file a criminal application against me. They said I could have a clerks hearing on the incident first before being charged. What should I say at this hearing? Note: I did use my cousins license. We resemble lot. Thats the reason they let me go in first place. How could they prove it was me in the vehicle?

Asked on 9/13/13, 10:46 am

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman, Colasanti & Stein, LLP
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The Clerk's Hearing is to determine whether there is probable cause to bring formal criminal charges. Probably not what you want to hear, but I highly recommend you retain a lawyer, as there may be a decent chance of beating this at the Clerk's Hearing if handled correctly based on, among other things, the potential inadmissibility of certain evidence as hearsay, and your rights against self incrimination if properly invoked.

Chances are that without a lawyer, you would not convince the Clerk certain evidence might be inadmissible as hearsay, and would likely involuntarily incriminate yourself by answering questions about your identity, whose license (and name) you used, and similar questions the Clerk will likely raise absent counsel. In my view, you chances of beating this at the Clerk's Hearing are much better -- although never can be guaranteed -- if you retain counsel.

Feel free to contact me to discuss.

Otherwise, best of luck.

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Answered on 9/13/13, 10:57 am

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