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.

Can You Be Charged Without Being Arrested in Massachusetts?

In Massachusetts, you can absolutely be charged with a crime without ever being arrested. It happens more often than people think.

If police didn’t arrest you at the scene, they can still apply for charges later. You might receive a notice in the mail for a clerk magistrate hearing. Or you might be summoned directly to court for arraignment. Either way, the case is real—and the consequences can be serious.

This process is common for misdemeanors and lower-level felonies, like shoplifting, minor assaults, or leaving the scene of an accident. It can feel like it’s “not a big deal” because you weren’t cuffed and booked, but the charges are the same.

If you get a hearing notice or court summons, don’t wait. A lawyer can sometimes resolve the matter before charges are even filed. And if not, we can start preparing your defense early—before the case snowballs.

What Is a Show Cause Hearing in Massachusetts?

A show cause hearing—also called a Clerk Magistrate hearing—is a pre-charge proceeding that decides whether criminal charges should issue.

Unlike arraignment, this hearing is private and informal. A Clerk Magistrate listens to evidence from the police or a complainant and determines whether probable cause exists. If the magistrate finds no probable cause—or chooses not to issue—the case ends there.

Even if probable cause exists, the clerk can hold the complaint and give you a chance to stay out of trouble. If you succeed, the charges never issue and your record stays clean.

I’ve helped countless clients resolve cases at this stage without charges ever being filed. It’s a critical opportunity—and one that shouldn’t be taken lightly.

Can You Win a Clerk Magistrate Hearing?

Yes—and winning means the complaint never issues.

A Clerk Magistrate hearing isn’t about guilt or innocence. It’s about whether there’s *probable cause* to believe a crime occurred. That’s a low standard, but it’s not automatic. With the right strategy, many people succeed in getting the case dismissed before it even begins.

Some common ways to win:
- Pointing out inconsistencies or lack of evidence in the complaint.
- Showing that the alleged conduct wasn’t actually a crime.
- Presenting mitigation or context that persuades the clerk not to issue.
- Working out a resolution with the police or complainant before or during the hearing.

Winning a Clerk Magistrate hearing means avoiding an arraignment, a criminal record, and public court involvement. These hearings are a unique opportunity in Massachusetts criminal practice—and one of the most important chances you’ll get to stop a case early.

If you’ve received a notice for a clerk hearing, take it seriously, and contact me.

Do You Need a Lawyer at a Clerk Magistrate Hearing?

Yes—if you’re serious about avoiding criminal charges.

Clerk magistrate hearings, often called “show cause” hearings, decide whether a criminal complaint will issue against you. The outcome of this hearing can mean the difference between staying off the criminal record and facing public prosecution.

An attorney does more than argue on your behalf. A good lawyer can:
- Challenge whether probable cause exists.
- Cross-examine the complainant or officer.
- Present favorable facts or mitigating context.
- Negotiate informal resolutions that keep charges from issuing.

Many people make the mistake of showing up alone, thinking the hearing isn’t serious. But the magistrate’s decision can follow you for years. If a complaint issues, it becomes part of your criminal history—even if the case is later dismissed.

At my firm, I handle these hearings regularly. I know what clerks are looking for, and I can help keep the matter out of court.

If you’ve received a summons for a show cause hearing, contact me. This may be your only chance to resolve things quietly—and successfully.