Massachusetts Clerk Magistrate Hearing FAQs

In Massachusetts, clerk magistrate hearings—often called "show cause" hearings—must occur for most (not all) cases involving misdemeanor offenses where the police did not observe the alleged offense at the scene. Also, investigating police may elect a clerk magistrate hearing for felony offenses where there was no arrest. They are also used when a private citizen applies for a criminal complaint against someone else. Common examples of cases that start this way include shoplifting, leaving the scene of property damage, negligent operation of a motor vehicle, uninsured driving, and minor assault or trespassing charges.

The formal purpose of this hearing is to determine if there is probable cause to believe a crime was committed. The more useful, unwritten purpose is for a clerk magistrate to decide whether, regardless of probable cause, your case should avoid a publicly available criminal complaint. The clerk magistrate acts as a gatekeeper for the court system to decide whether the court system and you should avoid a time and cost of a criminal case. It is an opportunity for the accused to "show cause" as to why criminal charges should not be filed against them.

We all have the right to represent ourselves. However, there are nuances and stylistic norms in clerk magistrate hearings that only experienced lawyers can recognize and address. Also, speaking for yourself during the hearing inevitably leads to problems with self-incrimination, as your statements can be used against you if your complaint goes forward. In short, yes, it is a very good idea to have a lawyer assist you in a Massachusetts clerk magistrate hearing.

No. Unlike most court proceedings, Massachusetts clerk magistrate hearings in Massachusetts are generally private and closed to the public. This privacy is meant to protect the reputation and record of the accused, as formal criminal charges have not yet been authorized or issued. If the case is dismissed at this stage, it will not appear on your public criminal record (CORI).

There are several possible outcomes. First, a clerk magistrate can find no probable cause and end the application for a criminal complaint immediately. This means the case is over fundamentally before it began and no criminal record will be created. Second, the clerk magistrate can find there is probable cause, but "hold over" your clerk magistrate hearing for a period of time, during which it remains private. After that time period expires, the application is destroyed and no criminal complaint goes forward. Like option one, there is no criminal record generated. Finally, the clerk. magistrate can find probable cause, issue a criminal complaint, and schedule your case for arraignment.

Clerk magistrates have a lot of discretion at this stage. It may seem counterintuitive, but whether there is probable cause is very often a secondary factor. The clerk magistrate will want to hear (and see evidence of) your background, including educational, work or professional history, your volunteer or charitable giving, your lack of criminal history. They will also consider the facts of the case, how severe they were and the wishes of the complainant or alleged victim. Serpa Law Office most often avoids criminal complaints for our clients at this stage.