If you have been accused of a crime in Massachusetts but were not arrested, you may be entitled to a proceeding known as a clerk magistrate hearing — sometimes called a “show cause” hearing. For first-time offenders, this hearing represents one of the most important opportunities in the criminal justice system: the chance to prevent a criminal complaint from ever being issued against you.
What Is a Clerk Magistrate Hearing?
A clerk magistrate hearing is a proceeding held before a clerk-magistrate in the District Court or Boston Municipal Court to determine whether a criminal complaint should issue against an accused person who has not been arrested. The hearing exists for the protection and benefit of the accused, affording him or her the opportunity to oppose the issuance of a criminal complaint and to present circumstances bearing on whether charges are appropriate. The Supreme Judicial Court has recognized that these hearings serve the vital function of screening minor criminal or potentially criminal matters out of the criminal justice system entirely.
When Are You Entitled to a Hearing?
Your right to a hearing depends on the type of offense alleged and who filed the complaint. Under G.L. c. 218, § 35A, if you are accused of a misdemeanor and have not been arrested, you are entitled to a show cause hearing regardless of whether the complainant is a police officer or a private citizen.
For felony complaints filed by a law enforcement officer, a hearing is held only upon the officer’s request. Where a private citizen seeks felony charges, the clerk-magistrate has discretion to schedule a hearing.
What Happens at the Hearing?
Show cause hearings bear little resemblance to a trial. Both parties may present evidence and witnesses, and you have the right to offer your version of events. However, the rules of evidence are relaxed — the clerk-magistrate may consider hearsay and other evidence that would be inadmissible at trial. Cross-examination of witnesses is permitted at the clerk-magistrate’s discretion. You may retain a private attorney to represent you, though there is no right to appointed counsel at this stage.
The clerk-magistrate will determine whether there is probable cause to believe a crime was committed and that you committed it. Critically, even if probable cause is found, the clerk-magistrate retains discretion to decline to issue a complaint on a misdemeanor or a privately filed felony charge — unless the prosecutor’s office has communicated an intention to prosecute.
Why This Hearing Matters So Much for First-Time Offenders
A favorable outcome at a clerk magistrate hearing means no criminal complaint issues. Under Massachusetts law, if no complaint issues, the matter will not appear on your CORI (Criminal Offender Record Information) report. Employers and landlords will have no access to it. The hearing records themselves are presumptively closed to the public, and the identities of accused persons are not disclosed where no complaint is issued.
The stakes could not be higher. As the Supreme Judicial Court has recognized, even the mere existence of a criminal record — regardless of its contents — can present barriers to housing and employment. A clerk magistrate hearing gives first-time offenders the rare chance to avoid those consequences before they ever begin.
Why You Need an Attorney at Your Side
Although you are permitted to represent yourself at a show cause hearing, doing so is risky — especially when the stakes are this high. Remember, these hearings are recorded. Accused individuals seeking to resolve disputes may make concessions or admissions during the hearing that they would never make in the context of a criminal trial. Without counsel, it is all too easy to say something on the record that undermines your position — or worse, that could be used against you later.
Beyond the risk of self-harm, these hearings are stressful. You are being accused of a crime, and the natural impulse is to defend yourself emotionally. But a person deeply involved in a situation often cannot provide the clear, concise, bird’s-eye view that a clerk-magistrate needs to make a fair decision. An experienced attorney can distill the facts, present your side calmly and persuasively, and frame the situation in a way that resonates with the clerk — something that is extraordinarily difficult to do on your own behalf.
If you are facing a clerk magistrate hearing, do not go alone. At the Law Office of Matthew W. Peterson, we have successfully represented clients in numerous clerk magistrate hearings, helping them protect and keep their records clean. Contact an experienced Boston criminal defense attorney who can protect your record and your future.
