Can a Clerk Magistrate Dismiss a Felony Complaint in Massachusetts?

In Massachusetts, most clerk magistrate hearings involve misdemeanors, but some felony charges start there too. And in some of those cases, yes, the clerk magistrate can choose not to issue the complaint.

This only happens when the defendant hasn’t been arrested. If police apply for a complaint on a felony charge without arresting you, you have the right to a show cause hearing, even if the charge is serious.

At that hearing, the magistrate decides whether there’s probable cause to believe a crime was committed and whether charges should issue. They have broad discretion to deny the complaint, even if the probable cause standard is technically met.

I’ve had felony charges like larceny over $1,200, possession with intent to distribute, and threats to commit a crime dismissed at clerk hearings. Often it comes down to context: Was it a misunderstanding? Is restitution an option? Does the complainant even want to proceed?

This is a critical stage of the process. A successful outcome means you avoid arraignment, a public record, and months of court dates. If you’ve received a notice for a clerk magistrate hearing, contact me now as there may still be a chance to stop the case before it begins.