Clerk’s Hearings

A Clerk Magistrate Hearing, commonly referred to as a “show cause” hearing, acts as an initial judicial review whereby a clerk magistrate assesses whether there is substantial evidence to levy a criminal charge against an individual. This step is particularly relevant in cases where someone is accused of a misdemeanor but is not immediately arrested. Such hearings can be initiated under various circumstances:

• Receiving a criminal citation
• A police department filing an Application for a Criminal Complaint
• A complaint lodged by a private citizen

This process offers the accused an important chance to possibly avert the formal issuance of criminal charges, underscoring the importance of being well-prepared and understanding the process.

The Clerk Magistrate Hearing follows a specific procedure designed to ensure a fair and meticulous evaluation of the merits for a potential criminal charge.

• Initiation: The process begins with the delivery of a “Notice of Magistrate’s Hearing on Complaint Application,” which provides the accused with detailed information about the hearing.
• Presentation of Evidence: During the hearing, both the accuser (which could be the police prosecutor or a private complainant) and the accused, can present evidence, interrogate witnesses, and argue their respective cases.
• Informality of Proceedings: Unlike formal trials, these hearings do not adhere strictly to the rules of evidence.
• Decision Making: After evaluating the evidence presented, the testimony of witnesses, and the arguments of both parties, the clerk magistrate decides whether there is a sufficient basis to criminally charge the accused.

The Clerk Magistrate Hearing is a critical juncture in the legal process, providing a potential pathway to avoid the escalation of legal proceedings and the subsequent impacts of criminal charges.

Legal representation significantly increases the likelihood of a favorable outcome for the accused in a Clerk Magistrate Hearing. An experienced attorney can navigate the complexities of the hearing, present evidence effectively, and argue persuasively for the dismissal of charges. Their expertise allows them to prepare a compelling case, anticipate the clerk’s concerns, and adjust strategies as needed during the hearing–tailoring their approach to your needs and the unique details of your case. Having legal counsel to support and advocate for you greatly increases your chances of having the criminal charges dismissed.

• No Complaint Issued: If the magistrate finds the evidence insufficient, they may not issue a criminal complaint, effectively ending the matter without any note on the accused’s criminal record.
• Complaint Issued: If sufficient evidence is found, a criminal complaint is issued. The case then moves to arraignment, which begins the formal legal proceedings. Having legal counsel to support you and advocate for your rights at this stage in the process is crucial to developing a successful and effective defense strategy.

Clerk magistrate hearings themselves are not public record, but the outcomes of such hearings can become public record. For example, if a complaint is issued at the hearing, it will be reflected on your criminal record and show in future background checks. Conversely, if no complaint is issued, there will be no public record of the hearing, leaving no trace of the charge.

Facing a Clerk Magistrate Hearing can be challenging, but you don’t have to handle this process alone. Markey Law Partners offers experienced legal guidance to help you understand your rights, prepare your case, and advocate for the best possible outcome. Our team is adept at navigating the complexities of the Massachusetts legal system, ensuring your case is presented effectively and your voice is heard. If you’re facing a Clerk Magistrate Hearing, we invite you to reach out for a free consultation.