Why is a Clerk’s Hearing so important?

A Clerk’s Hearing (also called Show Cause Hearing or Magistrate’s Hearing) is your first chance to address the merits of any charge. At a Clerk’s Hearing you have the chance to show why you should not have formal charges issued against you. Often the argument is based upon a lack of probable cause, but there are other factors that the Clerk Magistrate will considering prior to issuance of any formal charge. I often have potential clients say that they are going to attend the hearing on their own and then if the charges are issued, they will hire counsel at that time. In my opinion that is a big mistake, the Clerk’s Hearing is your first and only chance at preventing a potential criminal charge from permanently entering onto your criminal record. Once you are formally charged, that charge remains on the record despite a later dismissal, not guilty or qualified dismissal. The Clerk’s Hearing may also give you the chance to address the charges on the date of the hearing and prevent a longer, formalized court process that implicates numerous court hearing dates.

According to the statute governing Clerk’s Hearings (Massachusetts General Laws, chapter 218, section 35A), “If a complaint is received by a district court… the person against whom such complaint is made, if not under arrest for the offense for which the complaint is made, shall, in the case of a complaint for a misdemeanor … be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint” The statute specifically exempts anyone that poses an imminent threat of any of the following: bodily injury, commission of a crime, or of flight from the commonwealth. In determining eligibility for a clerk’s hearing, the court will consider the named defendant’s criminal record and the records contained within the statewide domestic violence record keeping system maintained by the office of the commissioner of probation.

If you are facing potential criminal charges in Essex County, Massachusetts and need the advice of competent and experienced counsel. Call Criminal Attorney Kristen F. Bonavita for a free consultation at (978-376-6746) or click here – bonavitalawoffice to visit my contact page and email me directly.