What is a Clerk's Hearing?

If a criminal complaint has been received that an individual has committed a crime but he or she has not been arrested, a criminal summons will be sent, usually via mail. At Boyle & Carbone, P.C, we have helped those who have been targeted as a suspect. It is important to speak with a lawyer prior to the issuance of a complaint because we may be able to have the thrown out before there are formal charges.

At this point, a suspect will receive a citation and will be summoned to court to appear at a Clerk’s Hearing. At this hearing, our experienced defense attorneys will demonstrate to the court or to the hearing officer that probable cause was not present and there is no reason to believe that the person who is the object of this complaint has committed the offense.

This is a very important step in a case and it is often neglected due to a failure of a person to hire an attorney in a timely fashion. If you or anyone you know has received a citation and summons, please call our office as soon as possible. It can prevent actual charges going on your record not to mention time and money. (978) 342-3422. www.bclawma.com.

Larceny From the Person

Larceny from the person is defined as the wrongful taking of personal property from the person of another, or from the immediate area of control of another, with the intent to deprive that person of such property permanently. “Victims” often throw around words like steal or pickpocket, which is often just colloquialism and doesn’t explain what may or may not have happened.

In order to prove the defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:

1. That the defendant took and carried away property;

2. That the property was owned or possessed by someone other than the defendant;

3. That the defendant took the property from the person of someone who owned or possessed it or from such a person’s area of control in his or her presence; and

4. That the defendant did so with the intent to deprive that person of the property permanently.

It is important that if you are charged with any type of crime involving larceny, that you speak to an experienced criminal defense attorney as soon as possible. Do not hesitate to contact out office at (978) 342-3422 or visit us at www.bclawma.com.

Opinion Evidence in OUI Cases

Many times the prosecution is forced to rely on opinion evidence when someone is charged with Operating Under the Influence (OUI). It is very important that you retain an experienced OUI attorney to navigate and poke holes in the Prosecution’s argument. Here, at Boyle & Carbone, P.C., we not only have the experience, we also have a passion for helping those who may have been taken advantage of.

Often, the Prosecution will address many physical observations that were made by the arresting officer such as slurred speech, glassy eyes or an odor of alcoholic beverage. It is the job of defense counsel to refute these observations and give the judge or jury another reason why, for instance, a person’s eyes were glassy. Maybe he or she just got out of work and was really tired. Police Officers may offer their opinion but they are not medical personnel and this makes the information less credible and open for a defense attorney to attack.

If a preexisting medical condition has anything to do with an arrestee’s failure to complete any physical tests or as to his or her appearance, counsel may offer the opinion of a treating physician as to why he or she was unable to perform or appeared a certain way.

If you, or anyone you know has been arrested for an OUI, please call our experienced defense team today. (978) 342-3422.

Contact Info

Donovan G. Boyle

Attorney at Law

Boyle & Carbone, P.C.

625 Main Street

Fitchburg, MA 01420

Office: (978) 342-3422

Fax: (978) 342-3426

dgboyle@bclawma.com

www.bclawma.com

Elements of Assault & Battery

The law recognizes two types of assault and battery: (a) Intentional Assault & Battery and (b) Reckless Assault & Battery. Here, at Boyle & Carbone, P.C., we can provide a unique defense and help prove your innocence when charged with Assault or Assault & Battery. In order to prove an intentional assault and battery the state must prove three elements beyond a reasonable doubt: (1) That the Defendant TOUCHED the person of the alleged victim without having any right or excuse for doing so; (2) That the defendant intended to touch the alleged victim; and (3) That the touching was EITHER likely to cause bodily harm to the alleged victim or was done without the consent of the alleged victim.
 


In order to prove an assault and battery by reckless conduct the state must prove two elements beyond a reasonable doubt: (1)That the defendant intentionally engaged in actions which caused bodily injury to the alleged victim. The injury must be sufficiently serious to interfere with the alleged victim's health or comfort. It need not be permanent, but it must be more than trifling. For example, an act that only shakes up a person or causes only momentary discomfort would not be sufficient. (2) The state must prove that the Defendant's actions amounted to reckless conduct. A person acts recklessly if he knew, or should have known, that his actions were very likely to cause substantial harm to someone, but he ran that risk and went ahead anyway. In other words, a swing and a hit is an assault and battery. A swing and a miss is an assault.

Assault alone does not require an actual contact but does require placing the victim in fear of an imminent touching. Again, many times this is based on the reasonable person test, which was discussed in previous blog posts. Set up a free consultation to speak to an experienced criminal defense attorney at Boyle & Carbone, P.C. today.

What is probable cause?

The test as to whether an arresting officer has “probable cause” is one of reasonableness. In order to make an arrest an officer must have knowledge through facts or circumstances that a crime has occurred. Oftentimes, probable cause is a big issue in criminal cases and here at Boyle & Carbone, P.C., we fight to make sure that police were following the rules. What is characterized as probable cause may just be a mere suspicion and it is important to retain counsel that can decipher that.

Remember, an officer must have probable cause at the time of arrest. If you arrested and it is based on a suspicion, then your arrest was likely unlawful. For instance, if an arrest for drug possession is subject to laboratory testing because police were not sure of what the substance seized was, then probable cause did not exist at the time of arrest. These procedural issues can be daunting which is why it is very important to speak with an experienced and competent Defense Attorney. Schedule your free consultation today by calling (978) 342-3422.

Contact Information

Nicholas Carbone

Attorney at Law

Boyle & Carbone, P.C.

625 Main Street

Fitchburg, MA 01420

Phone: (978) 342-3422

Fax: (978) 342-3426

njcarbone@bclawma.com

www.bclawma.com

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