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 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.

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.

What Is Probable Cause in Massachusetts?

What Is Probable Cause in Massachusetts?

Probable cause is the legal standard that allows police to make arrests, conduct searches, and initiate criminal charges. It’s a cornerstone of the Fourth Amendment and plays a role in nearly every criminal case.

In Massachusetts, probable cause exists when the facts and circumstances would lead a reasonable person to believe that a crime has been committed and that the person in question committed it.

Clerk magistrates, judges, and police officers all rely on probable cause at different stages:
- Police need it to search you (unless an exception applies.
- Clerks use it to decide whether a criminal complaint should issue.
- Judges use it when deciding whether an arrest or search was justified.

Understanding how probable cause works can help you fight unlawful searches or charges that never should’ve been brought in the first place.

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.