Leone Law Offices

Assault and Battery with a Dangerous Weapon

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Attorney Leone represented a juvenile at a Clerk- Magistrate’s “show cause hearing” in the West Roxbury District Court. The juvenile in this particular case had been accused of having committed the crime of assault and battery with a dangerous weapon. At the hearing to determine whether there was probable cause, Attorney Leone was able to successfully cross examine witnesses and argue the matter to the Clerk-Magistrate in defense of the client, and the Clerk-Magistrate agreed not to issue the criminal complaint. Needless to say, the client and the client’s parents were relieved.

A Clerk-Magistrate’s hearing or ‘show cause hearing’ is a hearing whereby the Clerk-Magistrate determines whether there is probable cause that the particular crime has been committed. “Probable cause” is a lesser burden of proof than “beyond a reasonable doubt”, which is the standard of proof necessary for a finding of guilt against a defendant in the criminal courts. It is important that an individual hire an experienced attorney to represent them at the show cause hearing, because the attorney will have the opportunity to convince the Clerk-Magistrate that the Complainant has not made a sufficient showing of probable cause, or to otherwise convince the Clerk-Magistrate not to issue the criminal complaint against the client. If the criminal complaint is not issued, then the client is saved from having to formally answer to the charge and the client avoids having the criminal charge entered on their CORI or criminal activity record. Attorney Leone has over twenty years of experience within which time he has successfully defended numerous clients during show cause hearings, and the results have been that no probable cause was found or the Clerk-Magistrate has otherwise agreed not to issue the formal criminal complaint.

If you have received a notice of show cause hearing and need legal representation, call Leone Law Offices, P.C.

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