What Happens at a Massachusetts Clerk’s Hearing?

Experienced Massachusetts Criminal Defense Attorney Helping Clients Avoid a Criminal Conviction

If you’ve been notified about a Clerk Magistrate Hearing in Massachusetts, you might be wondering what to expect and how serious it really is. At the Law Office of Patrick J. Murphy, you can speak with a dedicated Boston criminal defense attorney who knows that these hearings can make or break your case—often before it ever reaches a courtroom. Here’s what typically happens during a Clerk’s Hearing and why having an experienced lawyer by your side can make all the difference.

You’ll Receive an Application for Criminal Complaint

The process starts when someone—usually a police officer or private citizen—files an Application for Criminal Complaint. This document outlines the offense they claim you committed, such as shoplifting, assault, leaving the scene of an accident, or another misdemeanor offense where no arrest was made. Once the application is filed, the court sends you a notice with the date, time, and location of your hearing.

A Magistrate Oversees the Hearing, Not a Judge

Clerk Magistrate Hearings are handled by a Clerk Magistrate or Assistant Clerk Magistrate, not a judge. These court officials have the power to determine whether there is “probable cause” to issue a criminal complaint and move your case forward. It’s important to understand that the hearing is not about guilt or innocence—it’s about whether enough evidence exists to charge you with a crime.

The Complainant Presents Their Allegations

At the hearing, the complainant will explain what happened and why they believe a criminal complaint should be issued. If it’s a police officer, they’ll usually read from a report or give a short summary. If it’s a private individual, such as a neighbor, co-worker, or former partner, they may speak directly to the magistrate. This part of the hearing sets the stage for whether charges will be authorized.

You (or Your Attorney) Can Present Evidence or Argue Against the Complaint

One of the most important parts of a Clerk Magistrate Hearing is your opportunity to respond. You do not have to testify—and in many cases, it’s better if you don’t. Instead, your Boston criminal defense attorney can speak on your behalf, challenge the complainant’s version of events, and present additional facts, documentation, or context. In some cases, your attorney may question the complainant directly to highlight inconsistencies or raise doubts about probable cause.

The Magistrate Has Discretion—Even if There’s Probable Cause

This is where strategy matters. Even if the magistrate believes probable cause exists, they are not required to issue the complaint. They have the discretion to deny the application and close the case, especially if you have no criminal history, the issue seems minor, or there are mitigating circumstances. Your lawyer’s ability to make a persuasive argument during this window can determine whether you walk out with a clean record—or end up in criminal court.

Outcomes of a Clerk Magistrate Hearing

There are generally three possible outcomes:

• Complaint Denied: The magistrate finds insufficient evidence or exercises discretion not to issue the complaint. Your record stays clean.
• Complaint Issued: The magistrate authorizes a criminal charge. You’ll be scheduled for arraignment, and the case becomes public.
• Held Open or Continued: The magistrate may continue the matter without issuing a complaint, usually for a period of time. If you stay out of trouble and meet certain conditions, the application may eventually be dismissed.

Why It’s a Mistake to Represent Yourself

Many people think they can walk into a Clerk’s Hearing, tell their side of the story, and walk out without consequences. Unfortunately, it doesn’t work that way. These hearings are legal proceedings, and what you say can be used against you later if charges are filed. An experienced Boston criminal defense attorney can speak for you, keep damaging details out of the record, and increase your chances of avoiding criminal charges altogether.

Can You Settle the Matter Before the Hearing?

In some cases, yes. Your attorney may be able to contact the complainant or the police department and negotiate a resolution before the hearing. For example, in minor disputes or certain misdemeanor cases, a restitution agreement or apology may lead to a withdrawn case. In the right case, your attorney can also pursue an “accord and satisfaction” under Massachusetts law to resolve the matter privately and prevent it from going forward.

Get Help Before You Walk Through the Door

Don’t assume a Clerk Magistrate Hearing is just a formality. What happens in that hearing room can change the course of your life. The Law Office of Patrick J. Murphy has helped countless clients avoid criminal charges through careful preparation, strategic negotiation, and effective advocacy. Speak to a Boston criminal defense attorney who knows how to use this opportunity to your advantage. Call (617) 367-0450 today to protect your record and your future.