Do I Need an Attorney for a Clerk Magistrate Hearing?

Written By: Matthew W. Peterson

Published: 10/22/2021

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If you’ve received a notice for a clerk magistrates hearing, it may be intimidating. You may wonder what this means and how to fight the charges. A criminal defense attorney can help defend you in your clerk magistrate hearing. Call or text the Law Office of Matthew W. Peterson today at (617) 295-7500, and let’s get started on your defense.

What is a Clerk Magistrate Hearing?

A clerk magistrates hearing is an informal type of hearing in front of a clerk to determine whether there’s probable cause for the case to go forward. These hearings are also called show cause hearings, probable cause hearings, or clerk’s hearings. The hearing generally involves a clerk, the police officer, and you. They are recorded now, by law. If you win the clerk magistrate hearing, the charge is dismissed, and it is not on your record at all. If you lose, your case will proceed to an arraignment, where you can fight the case in district court.

How Can an Attorney Help in a Clerk Magistrates Hearing?

If you have a clerk magistrates hearing, you need an attorney to help. A lawyer can help present your side of the story in the best possible light, marshall evidence in your favor, and help you gather documents. An attorney can coordinate with the clerk’s office to get all documents related to your charge to help you prepare.

I generally get the police report and all evidence prior to proceeding to a hearing. I have done dozens of clerk magistrates hearings in my professional career and had success in them. This is generally because I can present my client’s story in a compelling and persuasive way. An attorney can also help by preventing you from testifying in the hearing. You do not want to incriminate yourself in the hearing, and an attorney can mean you do not have to testify.

Your Experienced Clerk Magistrate Hearing Attorney

If you have been summonsed for a clerk magistrates hearing, you must hire an attorney to help. Hiring an experienced criminal defense attorney is a way to give you the best chance of leaving that clerk’s hearing with the best outcome: a dismissal! The Law Office of Matthew W. Peterson handles clerk magistrate hearings all around Massachusetts. Call or text us today at (617) 295-7500, and I’d be glad to help.

Frequently Asked Questions (FAQs)

1. What should I do if I receive a notice for a clerk magistrates hearing?

If you receive a notice for a clerk magistrates hearing, the first step is to consult with a criminal defense attorney. They can help you understand the process, prepare your case, and represent you during the hearing.

2. What happens during a clerk magistrate hearing?

During a clerk magistrates hearing, a clerk will review the evidence presented by the police officer and hear your side of the story. The goal is to determine whether there is probable cause for the case to proceed. The hearing is informal and is recorded.

3. Can I represent myself at a clerk magistrate hearing?

While it is possible to represent yourself, it is highly recommended to hire an experienced attorney. A lawyer can effectively present your case, help gather evidence, and prevent you from inadvertently incriminating yourself.

4. What are the potential outcomes of a clerk magistrate hearing?

If you win the hearing, the charge will be dismissed, and it will not appear on your record. If you lose, your case will move forward to an arraignment in district court, where you can continue to contest the charges.

5. How can I find a qualified attorney for my clerk magistrate hearing?

To find a qualified attorney, look for someone with experience in criminal defense and specifically in handling clerk magistrate hearings.