Clerk Magistrate Hearings

Boston Lawyers Helping People Accused of Crimes Seek Favorable Outcomes

In Massachusetts, not all criminal charges arise out of arrests. Instead, in many cases, district court clerk magistrates will conduct hearings to determine if there is sufficient evidence to pursue criminal charges. While clerk magistrate hearings, also known as show cause hearings, cannot result in guilty verdicts, they are nonetheless serious proceedings that could result in charges that irreparably impact a person’s rights and reputation. If you received notice of a clerk magistrate or show cause hearing, it is smart to speak to an attorney about your options for protecting your interests. The skilled Boston criminal defense attorneys at Koufman Law Group have ample experience representing people in hearings to determine if the Commonwealth should pursue criminal charges against them, and if you engage our services, we will advocate zealously on your behalf. We have an office in Boston, and we regularly represent people in criminal proceedings in Boston and throughout Massachusetts.

Clerk Magistrate Hearings

Massachusetts law grants clerk magistrates the authority to determine whether to issue criminal complaints. They make such determinations following hearings, which are sometimes referred to as show cause hearings. It is important to note that magistrate clerk hearings are far less formal than other criminal proceedings. They are usually conducted outside of courtrooms and are not bound by the same evidentiary standards as criminal trials.

Generally, the clerk magistrate hearing process begins with the complainant submitting an application for a complaint. Typically, the complainant is a police officer, but private citizens can seek criminal complaints as well. The accused party will then receive notice of the application and the date and time the clerk magistrate hearing will be held.

During the hearing, the complainant will present their evidence to the clerk magistrate in an effort to convince them to issue a complaint. The accused party will then have an opportunity to question the complainant and offer counterarguments. While it is not required for accused parties to retain counsel, they have an absolute right to be represented by counsel at clerk magistrate hearings. Further, a skilled defense attorney can help the accused party determine what evidence to present, if any, and how to illustrate the flaws in the complainant’s case.

Burdens of Proof in Clerk Magistrate Hearings

In Massachusetts clerk magistrate hearings the complainant, bears the burden of proof. In other words, during the hearing, the complainant must present evidence showing not only that there is probable cause to believe that a crime has been committed, but also that the accused individual committed the crime in question.

It is important to note that probable cause is a much lower standard than the beyond a reasonable doubt standard employed in most criminal proceedings. Essentially, probable cause exists if a reasonable person would find that the accused individual committed a crime based on the evidence presented.

While the accused individual does not have the burden of proof during a clerk magistrate hearing, such hearings provide critical opportunities for them to present evidence, witnesses, or arguments that challenges the complainant’s case, in hopes of convincing the clerk magistrate that they should not issue criminal charges.

Ultimately, the clerk magistrate will weigh any evidence presented by the parties and determine whether there is probable cause to issue a criminal complaint. If the clerk magistrate finds probable cause, they may issue a criminal complaint, and the case will proceed to formal criminal proceedings. If not, the clerk will likely dismiss the case, and no charges will be filed.

Meet with a Seasoned Boston Criminal Defense Attorney

A party seeking a criminal complaint in a clerk magistrate hearing must demonstrate that probable cause exists to pursue charges, and if they cannot, the case should be dismissed. If you have questions about your options with regard to a show cause hearing, it is in your best interest to meet with an attorney. The seasoned Boston criminal defense lawyers of Koufman Law Group can assess the facts of your case and advise you of your options for pursuing a favorable outcome. Our office is located in Boston, and we frequently defend people in criminal cases in Boston and throughout Massachusetts. You can reach us to arrange a confidential meeting through our online form or by calling us at 617-423-2212.