magistrate Hearings

In Massachusetts, magistrate hearings, also known as “show cause hearings” or “clerk magistrate hearings,” are preliminary hearings used to determine if there is enough evidence to issue a criminal complaint. These hearings typically occur in cases involving minor criminal charges, such as traffic violations, misdemeanors, or minor assaults, where an arrest was not made. Instead of immediately filing charges, a magistrate will review the evidence to decide if the case should move forward.

What Happens at a Magistrate Hearing?

During a magistrate hearing, the alleged victim (if applicable) and law enforcement may present evidence to support the charges. The person receiving the notice (the “defendant”) has an opportunity to be heard and can present evidence or witnesses to argue against the issuance of a criminal complaint. The goal of the magistrate is to determine whether probable cause exists. If the magistrate does not find sufficient evidence, the complaint is dismissed, and no criminal charges are filed. If the magistrate finds probable cause, a criminal complaint is issued, and the defendant must appear in court for arraignment.

What Should You Do If You Get a Magistrate Hearing Notice?

Receiving a notice for a magistrate hearing can be stressful, but preparing well can make a significant difference:

1. Read the Notice Carefully: The notice will include information about the date, time, and location of the hearing, as well as details about the alleged offense. Be sure to make note of this information and plan to arrive on time.

2. Consult an Attorney: While you’re not required to have an attorney at a magistrate hearing, it’s highly advisable to consult one. An experienced criminal defense attorney can help you understand the charges, prepare your defense, and may even represent you at the hearing. Attorneys can help avoid having a criminal complaint filed and can provide valuable insight into how best to present your side.

3. Gather Evidence and Witnesses: If you believe there are facts or witnesses that support your case, prepare these ahead of the hearing. Evidence or witnesses that contradict the prosecution’s claims can help convince the magistrate not to issue a complaint.

4. Understand the Potential Outcomes: Knowing the possible outcomes can help you make informed decisions. Dismissal means no criminal record from the incident, but if a complaint is issued, your case will proceed to arraignment, where formal charges are filed.

Preparing and seeking legal guidance can make a significant difference in a magistrate hearing outcome.