In Massachusetts a clerk magistrate hearing or a show cause hearing is a hearing before a clerk magistrate to determine if there is probable cause for a criminal charge to issue against a person. These hearings are scheduled when an individual attempts to take out a private criminal complaint against another person, when a police officer does not witness the criminal conduct that gives rise to the charge, or where the police are alleging a crime occurred but a formal arrest was not made.
What happens at the hearing
The hearing itself is held before a clerk magistrate. The hearings are private and are often held in an office, a small courtroom or by Zoom. Members of the public are not permitted to be present during the hearing. At the hearing, the private party who filed the complaint or a representative from the police department where the offense allegedly occurred will provide a statement as to their version of the events.
You will then be given the opportunity to cross examine the opposing party and or to make a statement on your behalf. It is helpful to have an experienced attorney at this hearing as an attorney will be able to evaluate your case to assess if the opposing party has any deficiencies in their case and can advise you on how to present your case. While informal, this hearing is a critical opportunity to preserve your criminal record.
What is the standard at the Clerk Magistrate Hearing?
The standard at the hearing is probable cause. Probable cause is a very low standard of proof. In most cases the clerk will have enough evidence to issue the complaint. However, some clerks may be willing to exercise their discretion and resolve the case without formally issuing the complaint. For example the clerk may be willing to consider alternatives such as:
- Continuing the matter for a period of time to ensure that the person has no further issues. This is an excellent opportunity for the client to preserve their criminal record, as a charge kept open at the clerk’s level is not reflected on a person’s criminal record; or
- In some cases the charges may get dismissed on the completion of a program, such as the driving course, if the charges relate to a driving offense
What happens if the complaint is issued?
If the clerk does issue the charge your case will be sent to the district attorney’s office and you will face a formal arraignment in the district court. The charge will then be reflected on your criminal record.
A clerk magistrate hearing is an opportunity to preserve your criminal record. If you have been notified that you are scheduled for a clerk magistrate hearing it is extremely important to have an experienced criminal defense attorney review your case.
