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Clerk Magistrate Hearings

Representation You can Count on at Clerk Magistrate Hearings

Clerk magistrate hearings are an alternative manner in which someone in Massachusetts can be charged with a crime. Clerk magistrate hearings, also called “show-cause” hearings, can occur after an arrest, or not. These show-cause hearings most often occur in cases in which the police officer did not actually witness the criminal activity. Therefore, instead of there being a typical arrest, the officer files a complaint with the Clerk of the District Court. A clerk magistrate hearing is scheduled during which the magistrate will determine if probable cause exists to issue a criminal charge.

The following two cases making local headlines recently illustrate the concept of a clerk magistrate’s hearing:

In one Massachusetts town, three residents were caught on tape causing over $2,800 in damages to a neighboring homeowner’s property. The homeowners turned their surveillance video over to local police officers but declined to file a complaint. Police have now requested a clerk magistrate hearing to determine whether probable cause exists to press charges against the three individuals.

Meanwhile, in another Massachusetts town, a clerk magistrate’s hearing has been scheduled for the the seventeen year old driver of a vehicle involved in a fatal pedestrian accident over Labor Day weekend. The teen driver, who struck and killed a man walking his dog after his vehicle lost control, will face possible charges of operating a vehicle negligently with a death resulting, speeding, and failure to stay in marked lanes. At the clerk magistrate’s hearing, the magistrate will determine whether there is probable cause to issue a criminal complaint.

Initiation of a Clerk Magistrate Hearing

A clerk magistrate hearing is initiated when someone, generally a police officer but not always, files an Application for Criminal Complaint with the Clerk of the District Court. In this document, the complainant (individual making the allegations) asserts that the respondent (person being accused) committed a certain crime or crimes. It is important to note that the respondent is not a criminal defendant–at least not yet. The respondent will only become a criminal defendant if formal charges are filed following the hearing.

After the filing of the complaint, a clerk magistrate hearing is then scheduled and notice is sent to the respondent in the mail. Notices typically arrive through regular mail, so often individuals receiving them do not understand the seriousness of the matter. They may think they are merely being asked to come down to the clerk’s office to correct a minor misunderstanding. This is simply not the case— the clerk magistrate’s hearing is a critical step towards either the initiation of criminal proceedings, or the end to any legal worries.

What Should I Expect at a Clerk Magistrate Hearing?

At the clerk magistrate hearing, the complainant is given the opportunity to present their version of the events, as set out in their Application for Criminal Complaint. Typically the complainant is a police force member, so the hearing will involve the arresting police officer or police prosecutor taking the stand and presenting their side of the incident. Additional witnesses may be called to the stand. You then have the right to testify on your behalf.

After hearing the testimony presented by both sides, the clerk magistrate will determine if probable cause exists to support the allegations set out in the Criminal Complaint. If the probable cause standard is met, the complaint will be accepted and formal criminal charges will issue. The clerk magistrate may, in the alternative, decide to hold the complaint for a specified period of time. this is most often done when the respondent does not have a criminal history. If the respondent does not appear before the clerk magistrate on any additional summons during that time, the complaint will be administratively dismissed– which means it will not become a part of your record. If the clerk magistrate does not find probable cause exists to support the allegations, then the complaint is dismissed and will not lead to criminal charges or appear on your record.

Top Two Facts You Need to Know if You are Facing a Clerk Magistrate Hearing

If you are facing a clerk magistrate hearing, you need to know the following two facts:

The Clerk Magistrate Hearing is a Crucial Stage of Proceedings– even though you have not been formally charged with a crime, you need to take the clerk magistrate hearing very seriously. The clerk magistrate hearing is your opportunity to ensure no criminal charges are issued against you. It is also a critical opportunity to gather the facts concerning the prosecution’s potential case against you. A finding of probable cause at the clerk magistrate hearing will result in criminal charges being lodged against you, which can lead to jail time, fines and fees, and lifetime consequences of a conviction on your record. As you can see, the clerk magistrate hearing is not something to take lightly.
You Need an Experienced Criminal Defense Attorney to Represent You– having a skilled Boston criminal defense attorney represent you at the clerk magistrate hearing is not just recommend, it is necessary. An experienced clerk magistrate hearing attorney understands the nuances of the probable cause standard and the clerk magistrate hearing process. A skilled Boston defense attorney can advise you as to whether or not you should testify, which can make a difference to the finding of probable cause. He or she can also advocate on your behalf that the criminal complaint be held and eventually dismissed. The assistance of a well versed criminal defense attorney is your absolute best defense against ever facing formal criminal charges.

The Law Offices of Stephen Neyman can Help

The Law Offices of Stephen Neyman has successfully handled countless clerk magistrate hearings. We understand the seriousness of a clerk magistrate hearing and will fight aggressively for you to avoid any sort of criminal charges. Further, regardless of the ultimate outcome of the hearing, we will use the hearing as an opportunity to discover the weaknesses in the prosecution’s potential case, so we can zealously attack their case right from the start. Stephen Neyman will fight tirelessly to protect your legal rights and provide you the best chance to avoid criminal prosecution. Call Stephen Neyman today at 617-263-6800 for a free phone consultation.

Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.

Case Results » Clerk Magistrate Hearings

Charges do Not Issue After Clerk Magistrate Hearing for CPA Hosting Underaged High School Students to a Night of Drinking in Suburban Home March 26, 2025 This past Halloween a middle aged couple permitted their sixteen year old son to have a party at their suburban Boston home. Neighbors started to complain about the noise. The police went to the home to investigate the noise complaint. When they arrived they observed about 20 teenagers who apparently had been drinking. The floors of the home were covered with beer and there were empty bottles and cans throughout the home. The parents were uncooperative and extremely rude to the responding officers. Each was given a summons for a clerk’s hearing charging them with keeping a disorderly home under G.L. c. 272 section 53, disturbing the peace under the same statute and social hosting in violation of G.L. c. 138 section 34. The severity of these crimes cannot be understated. Adults violating the social host laws do go to jail in Massachusetts. The woman in our case hired our office to represent her. A compassionate police prosecutor and an understanding clerk magistrate agreed not to issue the criminal complaint. Rather, it was held for a year. If the defendant does not commit any crimes the complaint will never be issued. Read More in Clerk Magistrate Hearings

Charges of Leaving the Scene of an Accident With Property Damage and Minor in Possession of Alcohol do Not Issue After Clerk Magistrate Hearing March 18, 2025 In February of this year members of a suburban Boston police department were called about a serious accident involving a jeep. The officers arrived to the vehicle flipped on its roof. The driver was nowhere to be seen. The police also located a bottle of alcoholic seltzer unopened in the vehicle. About one half hour later the police received a call from the driver identifying himself and the vehicle. The officers met with the driver, a local high school student. After he admitted to driving and leaving the scene he received a summons for a clerk’s hearing charging him with leaving the scene of an accident with property damage, G.L. c. 90 section 24 and minor in possession of alcohol, G.L. c. 138 section 34C. Attorney Neyman was hired. We convinced the magistrate the probable cause was not met on the first count in that the defendant did in fact identify himself and that the damage to the vehicle was to his own vehicle and no one else’s. The magistrate agreed not to issue the complaint on the second count either recognizing the difficulty of proving these charges against our client. Read More in Clerk’s Hearings

Charges of Leaving the Scene With Property Damage do Not Issue After Clerk Magistrate Hearing November 6, 2024 In September of this year police responded to a car accident involving our client. The caller stated that our client left a note admitting to hitting a parked car and causing it significant damage. The police then called our client with the number he left on the note. He admitted to being at a post funeral event and to drinking. He further admitted to falling asleep behind the wheel of the car. The police summonsed him for a clerk magistrate hearing seeking a complaint for leaving the scene of an accident with property damage, G.L. c. 90 section 24(2)(a 1/2) and negligent operation also under G.L. c. 90 section 24(2)(a). Our office represented the man at that proceeding. We succeeded in convincing the magistrate not to issue the complaint. Rear More in Clerk Magistrate Hearings

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