What happens at a Clerk’s Hearing?

A Clerk Magistrate Hearing, sometimes called a show cause hearing, may be used in misdemeanor cases such as OUI, negligent operation of a motor vehicle, property damage, shoplifting, or larceny. Instead of a formal arrest, a private hearing is scheduled to determine whether there is sufficient probable cause to proceed with a criminal case.

A Clerk Magistrate Hearing may seem less serious than being arrested, but they are by no means a “get out of jail free” card. The outcome of the hearing will determine whether you will have to defend yourself in court and the kinds of penalties you may be facing upon conviction.

These hearings are informal and may be held in an office instead of a courtroom, but you will appear before the Clerk Magistrate in the District Court. You, your attorney, and the person accusing you of committing the crime will all be present. In general, Clerk Magistrate Hearings proceed as follows:

• Complainant’s testimony. The party bringing the case against you will be asked to describe their version of the incident and the reasons you should be charged. Parties are typically law enforcement agents or the independent party who filed a private criminal claim.
• Your defense. Your attorney will have the opportunity to present your case and make a statement on your behalf. The arguments an attorney uses in your defense will depend on the charges, your criminal history, and specific factors in the case.
• Determination of probable cause. The magistrate will listen to the given facts and decide whether there is probable cause for a criminal complaint. Probable cause is the standard that must be reached in order to issue charges, and it only requires a low level of proof. If the magistrate determines that there is enough evidence to charge you with a crime outside the District Court’s jurisdiction, your case will be sent to the district attorney’s office.
• Alternatives to issuing a complaint. The magistrate has the power to resolve the case instead of sending the matter to a higher court. If the charges against you are minor or you’ve never committed an offense before, the magistrate may issue a continuance so you can complete a probationary period. If you complete the terms of the probation without further problems with the law, your case could be dismissed. Similarly, the magistrate could dismiss the charges against you after you complete a treatment program or counseling to address the root cause of your offense.