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Written By: Matthew W. Peterson
Published: 06/11/2019
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What is a clerk magistrate hearing in Massachusetts? A clerk-magistrate hearing (also known as a clerk’s hearing, probable cause hearing, or show cause hearing) is an excellent way to avoid the criminal process altogether. If you have been notified of a clerk magistrate hearing in Massachusetts, it’s important to hire a criminal defense attorney immediately to help you gather evidence.
The Law Office of Matthew Peterson has conducted dozens of clerk magistrate hearing in Massachusetts as a Harvard Defender, where we successfully dismissed many people’s charges. If you have received a summons for a clerk-magistrate hearing, call or text me now at (617) 295-7500. Let’s get started on your defense.
If you are charged with a misdemeanor and not arrested, you will generally receive notice to appear for a clerk-magistrate hearing. You will receive notice in the mail of the hearing. Call a criminal defense attorney in Boston MA as soon as possible to help you.
You do not have to show up, but it would be a mistake not to appear for your hearing. A clerk-magistrate hearing in Massachusetts can allow you to find out what the Commonwealth’s evidence is, and the magistrate can dismiss the charges, meaning it would not be on your record. It’s critical to appear and hire a lawyer.
In short, yes. A lawyer can help you avoid the charges completely and protect your record. An attorney could also gather evidence to help prepare for your defense. If you received a summons, it’s important to contact a Massachusetts Boston criminal lawyer immediately.
The procedure differs per court, but generally, a police officer or witness testifies. You can also choose to present evidence. The magistrate can either choose to issue the complaint or not issue the complaint. Notably, the magistrate can choose not to issue a complaint even if there’s probable cause.
Generally, it is not advisable for you to testify at a clerk-magistrate hearing because this can be used against you later if the complaint issues. You should allow your attorney to speak for you.
There are also other options available to the magistrate. They could continue the case for a period of time and dismiss it if there are no further problems. If the complaint is issued, you will be sent to district court for an arraignment.
Contact the Law Office of Matthew Peterson now if you have been given a summons for a clerk magistrate hearing in Massachusetts. While our office is based in Boston, Massachusetts, We represent clients facing criminal charges, including criminal cases, in courts across the entire state. Call me at (617) 295-7500 to schedule your consultation.
The duration of a hearing can vary significantly based on the complexity of the case and the evidence presented, with some hearings lasting only a few minutes while others may extend for several hours.
The outcomes can include the issuance of a criminal complaint, dismissal of the case, or imposition of certain conditions or recommendations.
The clerk magistrate oversees the proceedings, reviews evidence, hears testimonies from witnesses, and determines whether there is probable cause to issue a complaint.
Yes, you or your attorney can present evidence and call witnesses to support your case during the hearing.
While attendance is not mandatory, failing to appear could negatively impact your case, as it may result in the issuance of a complaint without your opportunity to contest it.
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