Legal Representation at Clerk Magistrate Hearings in Massachusetts

To really understand this process, however, we must take a deeper dive into how criminal cases in Massachusetts start.  These first, formal steps in a criminal case are known as the charging process. 

There are only two ways to be charged with a crime in Massachusetts: either by a complaint in District Court or by an indictment in Superior Court. A complaint refers to the official document that is used to formally charge a person with a crime in the District Court. A complaint is required before issuing a summons for a defendant to appear in court or before an arrest warrant is made. In simple terms: it all starts with the complaint. Without a complaint, there is no underlying criminal case.  The first step in obtaining a complaint is to apply for one using an application for complaint.  The police and private citizens may apply for a criminal complaint. 

The complaint procedure refers to the process in which clerks and judges of the District Court determine whether a person is to be charged as a defendant in a criminal case.  A “magistrate” refers to a District Court official who is authorized to issue a criminal complaint. Often, but not always, this person is not a judge, but rather a clerk of the District Court. A complaint can issue either after an arrest or after a clerk’s hearing. That’s how people get charged with crimes in the District Court. 

The purpose of the complaint procedure when there has not been an arrest is to determine whether a person should be prosecuted for alleged criminal acts. There are three scenarios in which a clerk’s hearing may occur prior to a magistrate issuing a complaint and those situations apply only when a person has not been arrested.  This is perhaps the most important part of an accused’s criminal case because if you prevail at the clerk’s hearing, you will not be formally charged with a crime and will not have a criminal record. 

By law, an individual who is accused of committing a misdemeanor and has not been arrested is entitled to a clerk’s hearing. Similarly, if a person is accused of committing a felony and has not been arrested, he or she is entitled to a clerk’s hearing only if the police officer specifically requested a hearing.  Lastly, if the offense is a felony but that complaint was not made by the police but by a private citizen, a clerk’s hearing will be offered.  In each of these three cases, a clerk’s hearing should be conducted unless the magistrate determines that there is an imminent threat of bodily injury, of the commission of a crime, or flight from the Commonwealth by the accused.  Written notice of the time and place of the hearing should be provided to the accused. 

Remember that the standard of evidence at a clerk’s hearing is merely probable cause, and the clerk has discretion in how the hearing is conducted, including restricting cross-examination of any witnesses. Most of the time a clerk’s hearing is held not held in a courtroom but in either a clerk’s office or another space in the District Court. These proceedings are not public and almost always held in private. You must understand that the sole role of a magistrate in a clerk’s hearing is to determine whether probable cause exists to formally charge the accused with a crime. Defense attorneys often say that probable cause is a low standard.  “Probable cause” means “reasonable trustworthy information sufficient to warrant a prudent person in believing that a crime has been committed and that the accused is the perpetrator.”  At this stage, guilt or innocent is not determined. You are not on trial.  Rather, the magistrate is evaluating the statements made by the police to determine if the complaint is complete in terms of the elements of the crime alleged and believable in terms of its allegations. 

At a clerk’s hearing, the law requires an accused an opportunity to be heard and to be represented by counsel.  At the hearing, a magistrate has only three options.  If, after the hearing, the magistrate does not find facts supporting a finding of probable cause, the magistrate will deny the application for complaint and the complaint will not issue.  If, on the other hand, a magistrate does find facts supporting a finding of probable cause, he or she must issue the complaint, unless the police and the accused agree to have a magistrate defer a decision.  This is often known as “holding the case open” and is very advantageous for an accused. The idea behind it is that the magistrate and the police agree to hold open a decision on the application for complaint for a period of time (usually several months), subject to conditions.  Those conditions are sometimes completion of a drug or alcohol program, completion of community service, or, sometimes, the condition is that the accused simply not get in trouble again.  If at the end of the agreed upon time period all of the conditions have met, the magistrate agrees not to issue the complaint

Many criminal cases start when a person has been arrested, and many arrests are made without an arrest warrant.  Police are allowed to make a warrantless arrest for all felonies and for some misdemeanors, when those misdemeanors involve a breach of the peace, are committed within the officer’s presence or view, and are continuing at the time of arrest.  The law does authorize warrantless arrest for other misdemeanors, namely some larceny charges, violations of restraining orders, and domestic assaults. 

If a person has been arrested without a warrant, the police are required to file an application for complaint with the clerk’s office and attach a police report (often referred to as Statement of Facts) which provides the basis for the officer’s arrest. Once the application for complaint has been submitted to the clerk following an arrest, the magistrate must determine whether probable cause exists for each offense in the complaint. Importantly, the magistrate’s job is to determine whether there is probable cause to authorize a Complaint, and not whether there was probable cause at the time of the arrest.

If the magistrate determines that there is probable cause for all or some of the offenses listed in the application, the magistrate issues the complaint.  If the magistrate does not find probable cause, he or she should note this on the application for complaint and record a finding of no probable cause, in which case the complaint would not issue. In the case where a complaint does not issue and the arrestee does not have any outstanding warrants, the arrestee should be discharged, and the criminal matter should not proceed any further.  It is important to understand that if a person has been arrested, there will be no clerk’s hearing.

When is a Clerk Magistrate Hearing held?

A Clerk Magistrate Hearing is held after a person has been accused of a crime but before they have been formally charged. As an example, a Clerk Magistrate Hearing may be held in Massachusetts for a misdemeanor offense, such as simple assault, before an arraignment and before any charges are actually filed.  

Should I Hire an Attorney for a Clerk Magistrate Hearing in Massachusetts?

Although it is not required to have a criminal defense attorney present at a Clerk Magistrate Hearing, it is highly recommended. These are complex, high-stakes matters. A top Massachusetts criminal defense attorney can help you prepare your case, present evidence, and argue on your behalf. Your lawyer will craft the most appropriate strategy to protect your rights. 

What are the Potential Outcomes of a Clerk Magistrate Hearing in Massachusetts?

There are a number of different possible outcomes for a Clerk Magistrate Hearing in Massachusetts. What will happen in any given case will depend on several factors, including the specific allegations in question and strength of the evidence. Here is what could happen: 

1. Charges are issued against the accused; 
2. The case is continued for further investigation or negotiation; 
3. The case is dismissed if the clerk magistrate finds that there is not enough evidence to support the charges; or 
4. The accused is offered a pre-trial diversion program, such as community service or drug treatment, in exchange for dropping the charges.

How Our Massachusetts Criminal Defense Lawyers Can Help 

Clerk Magistrate Hearings are complicated. They are stressful and they can be overwhelming. At the same time, a hearing is also a chance an accused person to avoid formal criminal charges. A proactive approach is essential in these cases. Our founder and lead attorney Nate Amendola is a formidable, effective criminal defense lawyer with extensive experience representing clients before Clerk Magistrate Hearings. We are ready to get started on your case right away. Among other things, our Massachusetts criminal defense lawyers are prepared to: 

• Listen to your story and answer your questions about the process;
• Investigate the allegations, gathering relevant evidence; 
• Help you prepare for the Clerk Magistrate Hearings; and
• Develop a comprehensive strategy to protect your rights, freedom, and future.

At Nate Amendola Defense, we help clients overcome accusations of domestic violence and do everything we can to prevent these charges from ruining their life. Do you have questions about a Clerk Magistrate Hearings in Massachusetts? Our team is here to help. Contact us today to set up a confidential consultation and have us get started on building your best defense. We proudly provide criminal defense representation throughout Massachusetts.