Our knowledge of how a person is charged with a crime is commonly rooted in television. Most of us believe that charges are only filed against an individual when they are arrested by the police immediately after the incident. This is not the only method of charging someone.
Another way an individual can be charged with a misdemeanor crime in Massachusetts is through a Clerk-Magistrate hearing, also known as a Show-Cause hearing. Let’s look at this alternative way a police officer or citizen can accuse someone of a crime through this methodology, including what happens at the hearing, the possible outcomes and how it differs from a criminal trial.
What is a Clerk-Magistrate Hearing?
A Clerk-Magistrate hearing begins with an individual receiving a formal letter from the clerk in the mail, which requires the accused to attend the hearing in District Court.
During this hearing, the accused is notified that either the police or a civilian is seeking a criminal complaint against them. Through the course of the hearing with the police or the complainant in attendance, the clerk-magistrate or the magistrate will determine whether or not there is probable cause to issue the charges against you.
What Happens at the Show-Cause Hearing?
Once you arrive at the clerk-magistrate’s office in the District Court, you will be ushered into the private meeting room where several people will be in attendance: the clerk-magistrate, the police department, often referred to as the “police prosecutor,” or potentially the private individual who has accused you of a crime. At this point, the person filing the complaint is known as the complainant and the person being charged is the respondent.
During the hearing, the clerk will read the Application for Criminal Complaint. The complaining party is entitled to call witnesses to testify in support of the application. This may include police reports, witness statements, or personal testimony. As the Respondent, you will have the right and opportunity to testify to your version of events. Your attorney should be with you during this hearing and advise you as to the correct course of action.
After the clerk-magistrate has heard testimony from both the complainant and the respondent, they will determine if probable cause exists to support the allegations contained in the complaint. If they deny the complaint, it may be dismissed or they may decide to “hold” the complaint for a specified period during which it is expected that the respondent does not have any other criminal complaints against them. If the complaint is granted, then formal charges are filed against the respondent.
How Is a Clerk-Magistrate’s Hearing Different from a Criminal Trial?
A clerk-magistrate’s hearing serves as a preliminary step before arraignment, contrasting with a criminal trial, which represents the concluding phase of legal proceedings. The primary goal of a clerk-magistrate’s hearing is to determine probable cause, not to ascertain guilt or innocence beyond a reasonable doubt, as is the objective in a trial.
Do I Need a Lawyer at the Clerk-Magistrate Hearing?
Since the hearing will determine if the criminal charges continue through the court system, are dismissed or put on hold, it is advised to have an experienced lawyer at your side, looking out for your best interests during the clerk-magistrate hearing.
Do you have questions about your case? Contact our team at Patrick Conway Law for expert legal advice and support throughout the complex legal process.