What Happens at a Clerk Magistrate Hearing in Massachusetts?

If you’ve received a notice to appear for a Clerk Magistrate hearing in Massachusetts, you may be wondering—what exactly is this, and what’s at stake?

In short: you’re not charged with a crime yet, but this hearing could change that.

Also known as a "show cause hearing," a Clerk Magistrate hearing is where a clerk (or assistant clerk) decides whether there is probable cause to issue a criminal complaint against you. This usually happens for misdemeanors where no arrest was made—things like shoplifting, traffic violations with injury, or simple assault.

The hearing is usually informal. Police or civilian complainants explain what happened, and you (or your attorney) have the opportunity to respond, cross-examine, or present evidence. The standard—*probable cause*—is low, but the hearing is still your chance to prevent charges from issuing in the first place.

What Are the Possible Outcomes?

- Complaint does not issue: The clerk finds no probable cause or chooses not to issue. Case over.
- Complaint is held: The clerk may “hold” the complaint for a set period (e.g., 6 months) with the understanding that no new issues arise.
- Complaint issues: Charges are filed, and you’ll be summoned to arraignment in district court.

Why Legal Representation Matters

Even though it’s not a formal courtroom proceeding, the consequences of a clerk hearing can be serious. A skilled attorney can often prevent charges from ever being filed—preserving your clean record and avoiding the stress of arraignment and prosecution.

If you’ve been summonsed to a Clerk Magistrate hearing, don’t wait. An attorney can speak for you, negotiate informally with the police, or argue the legal deficiencies of the complaint before anything is filed. It’s your first—and sometimes only—chance to stop a criminal case before it starts.