When a pregnant woman facing assault charges contacted our firm, she was dealing with more than just criminal allegations. She was confronting a system that seemed stacked against her while managing the physical and emotional challenges of pregnancy, living out of state, and facing abandonment by the father of her child.
At a clerk-magistrate hearing in Massachusetts, the stakes are significant. A finding of probable cause means criminal charges move forward, creating a permanent public record that can affect employment, housing, and countless other aspects of life. For our client, who was already dealing with extraordinary personal circumstances, the consequences would have been devastating.
Meeting Our Client Where She Was—Literally
Our first victory came before the hearing even began. Recognizing that requiring an out-of-state pregnant woman to travel to Massachusetts would create undue hardship, we successfully petitioned the court to allow her to appear via Zoom. This accommodation not only saved our client significant expense and physical discomfort but also demonstrated to the court that we were thoughtful advocates who understood the complete picture of our client’s situation.
Preparation: The Foundation of Every Successful Defense
We believe that exceptional preparation is what separates good outcomes from great ones. In this case, we:
Gathered comprehensive character reference letters from people who knew our client well and could speak to her character, responsibility, and the circumstances she was facing
Obtained relevant medical records that provided crucial context about her condition and situation
Conducted detailed interviews with our client, reviewing every aspect of the alleged incident to understand not just what happened, but why
Developed a legal strategy that addressed both the lack of probable cause and the human context that made these allegations particularly unfair
When Preparation Meets Opportunity
On the day of the hearing, the complaining witness failed to appear. While some attorneys might have simply pointed to the absence and requested dismissal, we saw an opportunity to ensure this case would never resurface.
We presented our complete case to the clerk-magistrate:
We systematically demonstrated the lack of probable cause for assault charges
We introduced our character letters, painting a picture of our client as a responsible person facing extraordinary circumstances
We provided the human context—a pregnant woman abandoned by someone who denied paternity and refused to provide support
We argued not just the law, but also the equities of the situation
The clerk-magistrate, after considering both our legal arguments and the compassionate context we presented, dismissed the case entirely.
What This Victory Means
For our client, this dismissal means:
No criminal charges filed—the case ends at the clerk-magistrate level
No criminal record that could affect future opportunities
Peace of mind during an already challenging time in her life
Validation that the justice system can recognize when allegations lack merit
The Difference Experience and Empathy Make
This case exemplifies our approach to criminal defense. We don’t just show up and argue the law—we understand that behind every case is a human being with a story that deserves to be heard. By combining thorough preparation, creative problem-solving (like securing Zoom appearance), and compassionate advocacy, we achieved the best possible outcome for our client.
Facing a Clerk-Magistrate Hearing?
If you’ve received a summons to a clerk-magistrate hearing, you have a critical opportunity to stop criminal charges before they’re filed. These hearings are your chance to:
Present your side of the story
Challenge the evidence against you
Avoid having charges appear on your record
Resolve the matter without the expense and stress of a full criminal prosecution
The right representation at this stage can make all the difference. We understand that people facing these hearings are often dealing with complex personal situations—domestic disputes, family conflicts, or moments where tensions simply got out of hand. You deserve an attorney who will see you as a whole person, not just a case number.
Contact Our Firm
If you’re facing a clerk-magistrate hearing or any criminal charges in Massachusetts, we’re here to help. We bring the same level of preparation, creativity, and compassion to every case we handle. Don’t face the criminal justice system alone—let us put our experience to work protecting your rights and your future. Call us today!
