Massachusetts Clerk’s Hearing or Show Cause Hearing,

In Massachusetts, chapter 218, section 35 of the Massachusetts General Laws allows for a mechanism called a Show Cause or Clerk’s Hearing. If a case is moving forward in the Massachusetts Superior Court, the Commonwealth must present evidence to a grand jury and that grand jury must determine that there is sufficient probable cause to issue the requested charge. In the State District Courts of Massachusetts, including Newburyport District Court, Ipswich District Court, Haverhill District Court and any of the other District Courts in Essex County and throughout Massachusetts, the clerk magistrate serves the function of the grand jury. Thus, the clerk magistrate who receives a complaint for an individual determines whether sufficient probable cause exists to issue the charge. A person who was not placed under arrest for that particular offense, shall, in the case of a complaint for a misdemeanor or, in limited circumstances a complaint for a felony, be given an opportunity to be heard personally or with counsel in opposition to the issuance of the formal criminal complaint. If an individual is aware that charges may be issued against him/her, it is important to retain counsel immediately as there is a limited window of opportunity to request such a hearing. In reference to a misdemeanor charge, the clerk magistrate may allow for a Clerk’s Hearing unless there is an imminent threat of bodily injury, of the commission of a crime, or of flight from the commonwealth by the person against whom such complaint is made.

Why is a Clerk’s hearing so important? This hearing is the first and only opportunity to be heard, with the assistance of counsel, in opposition to issuance of a particular charge. At a Clerk’s Hearing, the magistrate must determine whether probable cause exists to issue the charge. While probable cause is admittedly a low standard, it still requires a showing that reasonably trustworthy information exists sufficient to warrant a prudent person in believing that a crime has been committed and that the accused is the perpetrator. If the clerk magistrate does find that probable cause exists, the magistrate still has the discretion to address the violation at the clerk’s hearing stage and continue the case (keep the case open in the clerk’s office) for a period of time, and if no further violations exist, dismiss the case prior to its issuance. A Clerk’s Hearing is your first and only opportunity to be heard prior to issuance of any formalized charge. A well thought out and persuasive argument to support why probable cause is lacking and/or the case is best handled in an alternative fashion can prevent the issuance of the formalized charge and entry onto a permanent criminal record.
If you are aware of potential charges being issued against you or have a scheduled clerk’s hearing – contact Criminal Lawyer Kristen F. Bonavita for a free consultation at 978-376-6746.