Minor in Possession of Alcohol Charge Against International Student Does Not Issue After Massachusetts Clerk Magistrate Hearing

Attorney Stephen Neyman recently represented an international college student at a Massachusetts clerk magistrate hearing involving an allegation of minor in possession of alcohol under G.L. c. 138, § 34C. Following the hearing, the clerk magistrate declined to issue the criminal complaint, preventing the case from proceeding as a criminal prosecution.

Our client was a noncitizen international student in his second year of college at a prestigious local university. Earlier in the year, he was dining at a restaurant with friends, all of whom were at least 21 years old. The group ordered food and drinks. When the restaurant manager became suspicious that our client might be under 21, the manager contacted the police rather than asking our client to provide identification.

Responding officers examined our client’s passport and obtained his personal information. The police subsequently sought a criminal complaint alleging that he had violated Massachusetts General Laws c. 138, § 34C, which addresses possession of alcohol by a person under 21 in specified circumstances.

Attorney Stephen Neyman represented the student at the clerk magistrate hearing. He successfully persuaded the police department and clerk magistrate not to proceed with the complaint. As a result, the criminal complaint did not issue, and the matter did not proceed to a criminal prosecution.

Why Clerk Magistrate Hearings Matter

A Massachusetts clerk magistrate hearing can provide an important opportunity to challenge a proposed criminal complaint before it issues. The outcome can be particularly significant for college students and noncitizens who are concerned about the potential consequences of criminal proceedings. 

Strategy For Winning Clerk Magistrate Hearing With Charges of Minor in Possession of Alcohol

What was our strategy for winning a clerk magistrate hearing involving charges of minor in possession of alcohol? Explain to the clerk magistrate and the police prosecutor that this is the client’s first offense and that he has no criminal record. He is a student with an exceptional grade point average and he is heavily involved in student charity activities. He has a very supportive family and friend group. He was courteous and polite to the police officers. He has a bright future ahead of him that would be dimmed if a criminal complaint was issued. 

This case illustrates the importance of addressing an allegation at the clerk magistrate hearing stage rather than waiting for a criminal complaint to issue.

Attorney Stephen Neyman represents individuals facing criminal allegations throughout Massachusetts, including at clerk magistrate hearings involving alcohol-related allegations and other offenses.

For more information, visit our page on Massachusetts clerk magistrate hearings or our page on minor in possession of alcohol charges.

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