Can You Be Charged If the Police Didn’t See It Happen?

In Massachusetts, the police don’t have to see something happen in order to charge you with a crime. Most complaints are based on witness statements, security footage, or police investigations that take place after the fact.

In misdemeanor cases without an arrest, you might be summoned to a Clerk Magistrate hearing. That’s where a magistrate decides whether there’s probable cause to issue charges based on the written report or live testimony.

For felonies or cases involving an arrest, police can file charges based on their investigation—even if no officer was there when the incident occurred.

This surprises a lot of people. Clients often say, “How can they charge me? They weren’t even there.” But under the law, as long as there’s probable cause, the case can move forward.

That doesn’t mean it’s a strong case. If the witness is unreliable, the story doesn’t add up, or the evidence is weak, there are ways to challenge it. I’ve had plenty of charges dismissed or thrown out at a hearing before they ever got to trial.

What Is a Criminal Complaint in Massachusetts?

What Is a Criminal Complaint in Massachusetts?

In Massachusetts, most criminal cases start not with an arrest—but with a complaint.

A criminal complaint is a formal document issued by a clerk magistrate or judge that accuses someone of committing a crime. It triggers the court process, leading to an arraignment, and appears on your criminal record.

Complaints are typically issued after:
- A police report is filed, and an officer applies for charges.
- A civilian goes to court and swears out a complaint.
- A clerk magistrate hearing determines that probable cause exists.

If you’re notified about a potential complaint, you may have a chance to appear at a clerk magistrate hearing. That’s your opportunity to stop the complaint before it ever issues.