Massachusetts Criminal Defense Attorney Blog
Charges of assault and battery issued against prize fighter Micky Ward after a clerk’s hearing held in the Lowell District Court. The victim, Ward’s wife’s stepfather alleged that on May 28, 2008 during a confrontation Ward punched him in the face. The alleged victim Kevin Nolette claims to have sustained a split lip, a broken nose and lost some teeth as a result of the punch. Ward maintains that he acted in self defense when Nolette was poking him in the chest and raised his hand in a threatening manner. An arraignment date has been set for September 4, 2008 in the Lowell District Court.
Clerk’s Hearings in Massachusetts are governed by G.L. c. 218 sec. 35A. In the case of many misdemeanors, a clerk magistrate will hear evidence to determine whether there exists 1) probable cause to believe that a crime was committed and 2) that the person accused was the person who committed the crime. The threshhold for the issuance of the complaint is low however good Massachusetts criminal defense lawyers are often able to convince the clerk magistrate not to issue the complaint.
Our office has represented people accused of committing crimes in Massachusetts at clerks hearings on countless occasions. Many times we have succeeded in convincing the clerk magistrate not to issue the complaint. We encourage you to visit our case results page to read about some specific examples of our victories at these proceedings.
Related Web Resources:
Boxer Ward facing charges, Lowell Sun August 7, 2008
Lowell Massachusetts Criminal Defense Lawyers
Massachusetts Assault and Battery Statute G.L. c. 265 sec. 13A