Clerk Magistrate's Hearing Attorney in Massachusetts

• OUI
• OUI- Drugs
• Assault and Battery
• 209A Violations
• Open Container
• Negligent Operation
• Property Damage
• Larceny

A Clerk’s Hearing serves as a vital gatekeeping step in the criminal justice system. It allows the court to assess the strength of the evidence and the merits of the case before deciding whether to proceed with formal criminal charges. For individuals facing the possibility of a criminal complaint, it offers an opportunity to present their side of the story, challenge the evidence, and potentially prevent charges from being filed. The primary goals of a Clerk Magistrate Hearing are as follows: 

Determining Probable Cause

The central objective of a Clerk Magistrate Hearing is for the clerk magistrate to determine whether there is enough probable cause to issue a criminal complaint. Probable cause refers to a reasonable belief, based on the evidence presented, that a crime has been committed and that the individual being investigated likely committed it. It is a relatively low burden.

Early Resolution

Clerk Magistrate Hearings offer an opportunity for a swift resolution of criminal cases. By evaluating the evidence and arguments at this early stage, the district court can decide whether formal charges should be filed or whether the matter can be resolved without proceeding to arraignment. 

Screening Process

Clerk Magistrate Hearings serve as a screening mechanism to prevent weak or baseless cases from clogging the court system. If the evidence presented is insufficient to establish probable cause, the clerk magistrate may choose not to issue a complaint, sparing the individual from unnecessary legal proceedings. 

Protecting Individuals’ Rights

The hearing allows the accused individual to present their side of the story and any relevant evidence before formal charges are filed. This safeguards the rights of individuals and ensures that they have the opportunity to challenge the allegations against them at an early stage. 

Alternative Resolutions

Clerk Magistrate Hearings can lead to alternative resolutions. If the defense presents compelling evidence or arguments, the clerk magistrate might decide to dismiss the case, refer the matter for mediation or arbitration, or suggest participation in a diversion program, which could result in avoiding charges altogether. 

1. Criminal complaint is not issued by the police department
2.  Pretiral Diversion Program
3. Case is continued for further investigation or negotiation
4. Charges are issued against the defendant

What is the Standard at a Clerk Magistrate Hearing? 

The standard at this type of hearing is probable cause. Probable cause is a burden that is met when the magistrate is provided reasonably trustworthy information that would sufficiently show he or she that a crime has been committed, and that the accused is the person who committed the crime.  

How is a Clerk Magistrate Hearing Different from a Trial? 

A Clerk Magistrate Hearing is very different from trial. This hearing is the preliminary stage of a court case. The determination made at this hearing decides whether to formally charge an individual and have them arraigned on those formal charges. This stage of the case is not a fact-finding mission, which means that Magistrate is not looking to decide an innocent or guilty verdict. They are just looking for probable cause to kick off the case.  

A trial is the end-stage of a case, after both the arraignment phase and the discovery phase. The evidence that would be presented at trial is likely much more in-depth than what may be presented at a Clerk Magistrate hearing. This is because a Clerk Magistrate hearing is solely to determine whether probable cause exists to issue the charges against someone. At trial, the burden is proof beyond a reasonable doubt that the individual formally charged actually committed the alleged crime. This is where a determination of guilt or innocence is made. They are two very different standards.

What Happens if the Criminal Complaint is Issued? 

If a complaint is issued following a Clerk Magistrate Hearing, it signifies that the clerk magistrate has determined there is sufficient probable cause to believe that a crime has been committed and that the individual being investigated is likely responsible. That decision initiates the next steps in the criminal justice process.  

Who is a Clerk Magistrate?

A Clerk Magistrate Hearing is before a Magistrate; not before a judge. Clerk Magistrates are not required to be lawyers, but they often were or are licensed lawyers. They do not have to make any determinations of guilt or innocence, so they are not factfinders. In our system, the only fact finders are judges and juries. Clerk Magistrates are typically senior or supervisory members of the clerk’s office for their respective courthouse.  

Clerk Magistrate Hearings are complicated. They are stressful and they can be overwhelming. At the same time, a hearing is also a chance for an accused person to avoid formal charges. A proactive approach is essential in these cases. Our founder and lead attorney, Nate Amendola  is a formidable, and experienced criminal defense attorney representing clients before Clerk Magistrate Hearings in Massachusetts. 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 hearings; and
• Develop a comprehensive strategy to protect your rights, freedom and future.

Whether you are facing a clerk magistrate hearing, criminal charges, or any other legal matter, we are here to provide you with strategic, personalized representation. Don’t face your legal challenges alone. Reach out to our office, 7816506940, today to schedule a confidential consultation. Your legal journey begins with a single step, and we’re here to walk it with you.  Contact our experienced criminal defense lawyer now.