Leone Law Offices

OUI charge dismissed at Clerk-Magistrate Hearing, Dedham District Court

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Our client was charged with Operating a Motor Vehicle While Under the Influence of Alcohol (OUI)

Attorney Leone defended a client at a Clerk-Magistrate hearing at the Dedham District Court. A Clerk-Magistrate hearing is a hearing whereby the Clerk-Magistrate determines whether the Complainant (often a local police department) has proved that there is probable cause that a crime was committed. If the Clerk Magistrate decides that there is probable cause to believe that a crime was committed, then most often a criminal complaint will issue against the Defendant for that particular crime. The Clerk Magistrate hearing gives the Defendant and his or her attorney the opportunity to successfully defend against the charges so as to prevent the charge from being brought forward to the criminal court as a formal criminal charge. However, the probable cause standard is a lower standard of proof than the standard of beyond a reasonable doubt that is required to be found by a judge or jury in the criminal courts before an individual may be convicted of a crime after trial.

Result: After a full evidentiary hearing the OUI charge was dismissed and thus was not brought forward as a criminal charge in the criminal session.

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