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 Pretrial Probation in Massachusetts?

Pretrial probation is a way to resolve a criminal case without going to trial—and without a conviction. It’s available in certain low-level cases where the defendant agrees to meet specific conditions.

Unlike regular probation:
- You don’t plead guilty
- There’s no admission of wrongdoing
- The charges are dismissed if you comply

Typical conditions include staying out of trouble, checking in with probation, or attending counseling. If you complete it successfully, the case is dismissed and your record stays clean.

I often negotiate pretrial probation for clients who are good candidates—especially first-time offenders. It’s a second chance without the baggage of a conviction.

What Is Bail in Massachusetts?

Bail is money or conditions imposed by the court to ensure you return to court dates. It’s not about guilt or punishment—it’s about risk.

When setting bail, the court looks at:
- Whether you’ve missed court before
- The severity of the charges
- Your ties to the community
- Whether you’re on probation or parole

Judges can:
- Release you on personal recognizance (no bail)
- Impose cash bail or conditions (e.g., GPS, no contact)
- Hold you under the dangerousness statute (in certain cases)

If bail is too high, I can file a motion to reduce it or request a bail review in Superior Court. The goal is to get you released quickly—and with the least restrictions possible.

What Happens If You Miss a Court Date in Massachusetts?

Missing a court date—even by accident—can create serious problems. The judge may enter a default against you and issue a bench warrant.

What should you do?
- Contact a lawyer immediately
- File a motion to remove the default
- Prepare any supporting documents (hospital records, flight delays, etc.)

If you act fast and have a valid reason, judges are often willing to remove the default and reinstate your case. But if you ignore the problem, it gets worse:
- Your license may be suspended
- You could be arrested on a warrant
- Future bail may be denied or increased

I help clients resolve missed court dates all the time. The key is acting fast—and presenting your side professionally.

What Is a Default in Massachusetts?

A default happens when you fail to appear in court for a scheduled hearing. Once defaulted, the court may issue a warrant for your arrest.

Consequences of a default:
- A bench warrant may be issued
- Your driver’s license may be suspended
- Bail may be set higher if you’re arrested
- The judge may be less lenient moving forward

Fortunately, defaults can often be removed. I regularly file motions to remove default, explain the circumstances, and get cases reinstated. Courts are generally more forgiving if:
- This is your first default
- You act quickly to fix it
- You have a legitimate reason (e.g., medical emergency)

If you missed court, don’t wait. The sooner you act, the easier it is to undo the damage.