Clerk Magistrate Hearings

Experienced Boston Criminal Defense Lawyer Skillfully Handling Clients’ Misdemeanor Charges

If you’ve been summoned to a Clerk Magistrate Hearing in Massachusetts, it means someone—often a police officer or private individual—has filed an application asking the court to issue a criminal complaint against you. This type of hearing is typically your first contact with the criminal justice system, and while you haven’t been arrested, the stakes are high. At this stage, a magistrate will decide whether there is enough evidence to formally charge you with a crime. The Law Office of Patrick J. Murphy represents individuals in Boston and throughout the state who are trying to avoid a criminal complaint and all the consequences that come with it. As a Boston criminal defense attorney with more than 27 years of experience, Attorney Murphy has helped countless clients walk out of clerk’s hearings without a single charge filed.

What Is a Clerk Magistrate Hearing?

A Clerk Magistrate Hearing—sometimes called a show cause hearing or probable cause hearing—is a legal proceeding held before a clerk or assistant clerk magistrate in the District Court. These hearings are usually scheduled for misdemeanor offenses when no arrest was made. The purpose is to determine whether probable cause exists to issue a criminal complaint. If the magistrate finds probable cause but exercises discretion not to issue the complaint, your case stops there and never becomes part of your criminal record. But if a complaint is issued, your case moves forward to arraignment and becomes a matter of public record.

What Happens During the Hearing?

The process begins when a police officer or private citizen files an Application for Criminal Complaint. At the hearing, the complainant will read the allegations into the record and present supporting evidence. As the accused, you have the right to be present, to be represented by a Boston criminal defense attorney, to remain silent, and to cross-examine witnesses. There is no judge or jury—just the magistrate—and the rules of evidence are more relaxed than at trial. This makes it even more important to have a lawyer who knows how to frame the facts in your favor and challenge weak or unreliable accusations.

The Opportunity to Avoid a Criminal Record

Clerk magistrates have wide discretion. Even if they believe there’s probable cause, they can still choose not to issue the complaint based on your background. This is your best chance to keep the matter off your record. A strong legal argument, a respectful presentation, and the ability to show that you’re addressing the situation responsibly can make all the difference. Attorney Murphy uses this opportunity to put clients in the best possible light and argue persuasively against formal charges.

When a Complaint Can Be Avoided Before the Hearing

In some cases, the matter can be resolved before you even step into the courtroom. If the application was filed by a private individual rather than a police officer, there may be room for negotiation. Your attorney can often reach out to the complainant to resolve the dispute through an agreement or seek what is known as an “accord and satisfaction,” which involves restitution or an apology and can result in the dismissal of the application. These solutions can be especially effective in disputes involving minor property damage, misunderstandings, or neighborhood issues.

Why You Shouldn’t Go It Alone

It may be tempting to show up without a lawyer, especially if you believe the allegations are minor or false. But this is not a traffic ticket—it’s a criminal proceeding. A poor showing at the hearing can result in formal charges, a public arraignment, and ultimately, a criminal record. By hiring a Boston criminal defense attorney before the hearing, you can help control the narrative, protect your rights, and possibly avoid a conviction. Attorney Murphy also helps clients avoid future legal fees by resolving cases at this early stage.

Experience Matters at Clerk Magistrate Hearings

Attorney Patrick J. Murphy has been defending people at Clerk Magistrate Hearings for decades. He has successfully stopped criminal complaints from being issued in cases involving assault, larceny, threats, shoplifting, harassment, and more. His approach is both legal and strategic. We will challenge the facts, advocate for discretion, and make sure you’re viewed in the best possible light. In fact, many of our clients never have to appear in court again after the hearing ends.

Talk to a Lawyer Before the Hearing, Not After

If you’ve received a summons for a Clerk Magistrate Hearing, the time to act is now. Don’t wait until you’re formally charged—by then, it may be too late to keep your record clean. Call the Law Office of Patrick J. Murphy at (617) 367-0450 for a free and confidential consultation with a Boston criminal defense attorney who understands how to protect your future. You can also reach out through the contact form on our website to get help right away.