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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 of Insurance Fraud Against Local Real Estate Company Owner do Not Issue After Clerk Magistrate Hearing July 23, 2025 Our client is a young man who has been very successful with several small businesses. He owns a construction company, a real estate company, some yachts, a charter company, a fishing company and several other enterprises in the Northern New England area. In 2002 he became saddled with debt. Two of his more expensive yachts had sustained some damage that made them unsellable. The man concocted an insurance fraud scheme whereby he set out to collect large sums of money from insurance companies relative to the boat damage. The insurance claims were denied. An investigation ensued and the insurance investigators determined that the claims brought by our client or fraudulent. Fortunately he was given a clerk magistrate hearing charging him with presenting a false insurance, G.L. c. 266 section 111A, claim an attempt to commit a crime, G.L. c. 274 section 6 and attempted larceny, G.L. c. 266 section 30. Attorney Neyman was hired. Today after a protracted clerk magistrate hearing a resolution was reached whereby no complaint would be issued. The matter is resolved and our client is no longer facing felony charges. Read More in Clerk Magistrate Hearings

Charges of Leaving the Scene of an Accident With Property Damage Against Nurse do Not Issue After Clerk Magistrate Hearing May 22, 2025 Our client is a nurse who lives in an affluent Boston suburb. Several months ago she drove into the parking lot of a liquor store and struck two vehicles. She proceeded to enter the store, buy some alcohol and leave. Several people in the parking lot witnessed this occurrence. The police were called. They located security footage confirming that our client struck two cars causing damage to the vehicles. The video also confirmed that she left the scene without making herself known. The police met her at her home. She appeared to be intoxicated. She was hostile to the police officer as well. Ultimately, the woman received a summons for a clerk magistrate hearing charging her with leaving the scene of an accident with property damage in violation of G.L. c. 90 section 24. Today, Attorney Neyman prevailed on the clerk magistrate not to issue a criminal complaint. Read More in Clerk Magistrate Hearings

Charges of Assault and Battery by Means of a Dangerous Weapon Against Chef do Not Issue After Clerk Magistrate Hearing April 29, 2025 The defendant is a well known chef who co-owns many restaurants throughout the northeast. Several months ago, he and one of the cooks at one of his Massachusetts restaurants got into an argument. The argument turned physical when the “victim” spit in our client’s face. Our client responded by hitting him with a large ladle and kicking him in the head. Video footage taken from security cameras in the kitchen confirmed the victim’s account of the incident. Our client received a summons for a clerk magistrate hearing charging him with two counts of assault and battery by means of a dangerous weapon in violation of G.L. c. 265 section 15A. The clerk magistrate recognized the inevitable exercise of mutual 5th Amendment privileges and refused to issue the criminal complaint. Read More in Clerk Magistrate Hearings

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