Court Magistrate Hearings in Massachusetts: Preventing the Issuance of a Criminal Complaint Against You

If you have been accused of committing a crime, you want to appear at a clerk magistrate hearing if the alleged crime allows for it. If the local police want to charge you with a misdemeanor and do not arrest you, you have the right to court magistrate hearings in Massachusetts. You will then get a court summons or notice to appear for the hearing. A clerk magistrate hearing may also be provided to people who committed certain felony offenses. 

Clerk magistrate hearings allow the magistrate to determine whether there is enough legal reason to issue a criminal complaint against a person. These hearings must not be taken lightly as they can impact your chances of maintaining a clean criminal record. If you successfully defend yourself at this hearing, you will not see a judge or jury, worry about facing punishment, or deal with the DA. 

Getting a Clerk Magistrate Hearing

Often, you have not control over how you get this hearing. The police will investigate the incident, generate a police report, and go to court to complete an application for a complaint form. If you allegedly committed a misdemeanor and the police didn’t arrest you, you will get a notice or summons that contains the date and time of the hearing. 

If you allegedly committed a criminal offense like DUI, leaving the accident scene, and reckless driving and you weren’t arrested, you can still request a clerk magistrate hearing. But you must have gotten a traffic ticket from a police officer. 

But there is something you must do. The citation or ticket has a portion that you should sign to request a magistrate hearing. You have 4 days to sign it and request a hearing in court. Otherwise, you may not be able to appear at a hearing for the alleged offenses. 

What Takes Place at the Clerk Magistrate Hearing

The clerk magistrate makes the decision at the hearing. They will decide if criminal charges must be issued against you based on the evidence presented. To establish probable cause, a police officer will appear at the hearing and read the police report associated with your case. 

It is your right to appear at a clerk magistrate hearing. You can have a legal representation with you. You can testify for yourself and ask questions. Also, you can bring evidence such as videos, documents, photos, and witnesses for your defense. But your criminal attorney can do the talking for you and advise you whether you should testify or not.