Massachusetts Clerk Magistrate (Show Cause) Hearing Lawyers

Fighting for the Justice That You Deserve

A clerk magistrate hearing is one of the best opportunities in the Massachusetts criminal process, a chance to stop a charge before it is ever formally issued. You are entitled to one whenever the police are trying to charge you with a misdemeanor, such as assault and battery, for which you were not arrested, which usually means you received either a summons from the court or a traffic citation with the Criminal Application box checked. At the discretion of the court or police, a hearing may also be available for certain felonies. From our offices in Woburn and Newburyport, we defend clients across Massachusetts and appear in district and superior courts throughout Middlesex, Essex, and Suffolk counties, including the Woburn, Malden, Somerville, Cambridge, Lowell, Lawrence, Newburyport, Salem, Lynn, Peabody, Haverhill, and Chelsea District Courts.

The purpose of the hearing, also called a show cause hearing, is for the clerk magistrate to decide whether the charges will issue. Take it seriously: this is your best opportunity to keep charges off your record entirely. If you succeed, you never see the judge, deal with the district attorney, or face any punishment. This process is governed by G.L. c. 218, section 35A.

How Do You Get a Clerk Magistrate Hearing?

Often it is out of your hands. If the offense is a misdemeanor and you were not arrested, the court should send you a notice with the hearing date. But if the offense is a criminal traffic offense, such as OUI, reckless driving, or leaving the scene, and you were not arrested, you must request the hearing. Look at your Massachusetts Uniform Citation: if the Criminal Application box is checked, there is at least one criminal offense for which you can seek a hearing. You have only four days to sign the ticket and bring it to the court to request the hearing. If you miss that window, you may lose the right to a clerk magistrate hearing. See our traffic violations page for more.

What Happens at the Hearing?

The clerk magistrate, not a judge, makes the decision, and their job is to decide whether the police have probable cause to bring the charges. Probable cause is not a difficult standard: a police officer, often not the one you dealt with, reads from the police report to present the facts. You have the right to be there, to bring a lawyer (though one is not required and will not be appointed), to testify, to question the officer, and to bring witnesses, photos, video, or documents that support your side. These hearings are private and usually take about 20 to 30 minutes.

Three Possible Outcomes

• The clerk finds probable cause and issues the charges, so you proceed to court before a judge.
• The clerk finds the evidence insufficient, so the charges do not issue and the case is over.
• The clerk finds probable cause, or a close call, but uses discretion in the interest of justice not to issue the charges.

That third, discretionary outcome is where a good lawyer helps most. It often applies to first-time or younger offenders in minor cases where no one was seriously injured, and the clerk weighs the person’s character and how a charge could affect their future. Your lawyer can argue your character, the positive things you have done, that this was an out-of-character mistake, and that a charge would be disproportionate. The clerk may decline to issue charges outright, or create a hybrid outcome, keeping the matter open for a period such as six months and asking you to stay out of trouble, take a class, or do community service. If you comply, the charges never issue.

Clerks have broad discretion, and the stakes are high, so it is critical to put your best foot forward. This is your best opportunity to stop the charges the police are trying to bring.

Show Cause Hearings in District Courts Across Middlesex, Essex, and Suffolk Counties

We appear at clerk magistrate hearings in district courts throughout the region, and these hearings are often scheduled on short notice, so time matters. Contact us right away, and see our Areas We Serve page for the communities we cover. Explore all the criminal matters we handle on our Criminal Defense page.