A clerk magistrate hearing is an alternative way for someone to be charged with a crime. Clerk magistrate hearings are also called “show-cause” hearings and can occur either after an arrest but not always. In most cases, a clerk magistrate hearing occurs when the police officer did not see the actual crime being committed. The police officer will file a complaint with the Clerk of the District Court instead of making a typical arrest. Then, the magistrate will determine if there was probable cause to give a criminal charge.
One such instance is when in a Massachusetts town, a few citizens were caught on surveillance tape, causing damages to a home. The person who sent in the video did not want to file a complaint. Therefore, the police officers involved filed a clerk magistrate hearing to see if there is enough probable cause for a conviction.
It is important to be well informed if something like this were to happen to you. Make sure throughout the process to research as much as you can to get a good idea of what you are dealing with. Thankfully, we’ve got you covered on the basics.
What is the Process of A Clerk Magistrate Hearing?
A police officer or someone files an Application for Criminal Complaint with the Clerk of the District Court. The person filing the report is saying this specific person committed a crime. After this, the person who allegedly committed the crime will receive a notice in the mail to appear in court. It is important if you get a notice in the mail to take it seriously and show up for your court date. The hearing is the deciding factor in whether you are innocent or guilty of said crime.
What Happens In A Clerk Magistrate Hearing?
The police officer or whoever filed their Application for Criminal Complaint will get to testify their version of what the person who is accused of the crime did. Witnesses may also be called to the stand to also testify against the accused. After this, then you get to testify on your own behalf.
Lastly, the clerk magistrate will make a decision if there is probable cause for the person accused of the crime due to the Criminal Complaint. If the complaint is accepted, then formal charges will be issued. If the clerk magistrate finds no probable cause, then the complaint is dismissed, and no charges ensue. There is a chance that if you do not have a criminal history, the clerk magistrate will hold the complaint about some time.
Should I Lawyer Up?
One lawyer in Staten Island recommends that you have an attorney there to represent you. It is not just important but necessary that you have someone there who is acquainted with what the court can and cannot do at a hearing. Your lawyer can also give you advice on whether or not you should testify — something not everyone thinks about. Sometimes, not testifying is a good idea, and a lawyer can help you decide. They can also request that the complaint be held and eventually dismissed, so it is essential to have a lawyer there to help you through the process.
If you have been arrested, charged with a crime, or are under investigation, you need to speak to a criminal defense lawyer. Trust that it will help in the longer scheme of things and is always worth it.
