Clerk Magistrate Hearings

Massachusetts Clerk Magistrate Hearing Attorney Kevin R. Collins has successfully represented hundreds of clients in Clerk’s Hearings all over Massachusetts. Clerk magistrate’s hearings are an important but often misunderstood component of the criminal justice system in Massachusetts. These preliminary hearings serve as a screening tool before formal criminal charges are filed and they enable potential defendants the chance to protect their criminal record. Understanding what a Clerk’s Hearing is, and how an attorney can help, is critical to preserving your rights.

What is a Clerk Magistrate’s Hearing?

A Clerk Magistrate’s Hearing, often called a “Clerk’s Hearing” or a “Show Cause Hearing,” is a process whereby a Clerk Magistrate (not a judge) listens to the facts of your case and determines whether there is probable cause to issue a criminal complaint. These hearings typically involve misdemeanors and some non-violent felonies that did not result in an arrest. The Clerk Magistrate’s role is to evaluate whether there is sufficient evidence to justify moving forward with formal criminal charges. The Clerk Magistrate has the power to issue criminal charges, to resolve the case in some way short of issuing charges, or to dismiss the case altogether.

Hiring an attorney for your Clerk’s Hearing is a wise idea. If criminal charges are filed, even if you are later found not guilty, those charges will remain on your criminal record. Your criminal record can later be viewed by future employers, landlords, or creditors. If Attorney Collins is able to persuade the Clerk Magistrate to resolve the case in some way other than issuing charges, your criminal record will remain clean. This is an enormous difference in potential outcomes and is why most people who hire an attorney for a Clerk’s Hearing are thankful that they did.

What to Know About Clerk Magistrate’s Hearings

1. Informal Setting: The hearing typically takes place in a small conference room or office rather than a courtroom.

2. Participants: Those present usually include the Clerk Magistrate, the complainant (police officer or citizen), the accused, and any attorneys and witnesses.

3. Standard of Proof: The standard in these hearings is “probable cause,” a reasonable belief, based on specific facts and circumstances, that a crime was committed and that the accused committed it. This is lower than the “beyond reasonable doubt” standard used in criminal trials.

4. Presentation of Evidence: The police present their version of events first by reading or summarizing the police report and potentially calling witnesses. The accused or their attorney then respond, presenting evidence and questioning witnesses. The traditional rules of evidence are more relaxed in these hearings than in formal court proceedings.

5. Proceedings are Recorded: These hearings are recorded, although the recording may only be accessed by a Judge, not the general public.

Why You Should Hire an Attorney For Your Clerk Magistrate Hearing

Hiring an attorney ensures that you will be prepared for your testimony, that a skilled attorney will ask the appropriate questions of the officer and other witnesses, and that someone who understands the process will gather evidence for the Clerk which may prevent criminal charges from being issued in your case.

Attorney Kevin R. Collins has represented countless clients in Clerk’s Hearings and has prevented criminal charges from being issued in nearly all of them. If you are facing a Clerk’s Hearing, you should contact Attorney Collins to discuss strategies for your success.

Attorney Kevin R. Collins offers a complimentary consultation phone call and is available 24/7. Be sure to consult the reviews of his previous clients as part of your decision making process.