Clerk Magistrate Hearings

Clerk Magistrate hearings are an integral part of the Commonwealth’s criminal justice system.  These are proceedings held by a Clerk Magistrate to determine whether probable cause exists to issue a criminal complaint against an individual.  Clerk Magistrates are appointed by the Governor and play a vital role in our court system. They are not judges.

Clerk Magistrate hearings are conducted under the authority vested in Massachusetts General Laws Chapter 218, Section 35A.  Pursuant to this section, a Clerk Magistrate has the power to issue a criminal complaint against a person accused of a crime.  However, before doing so, the Clerk Magistrate must determine whether probable cause exists to believe that a crime has been committed.

Probable cause is a legal standard of proof.  Probable cause exists when there is sufficient evidence to suggest that a crime has been committed and that the accused person is the one who committed the crime.  This standard of proof is lower than the standard required for a criminal conviction, which is beyond a reasonable doubt. 

Clerk Magistrate hearings are typically held for minor offenses such as traffic violations and misdemeanors.  The purpose of the hearing is to give the accused person an opportunity to explain their side of the story and present evidence in their defense. The hearing is held in a private room and is not open to the public.  Present during the hearing is each the clerk magistrate, a police officer, the accused person, and their attorney (if they have one).  During the hearing, the Clerk Magistrate will ask questions of the police officer and accused person.  The accused person is not required to testify but may do so if they wish.  Witnesses may also testify, but they are only allowed to speak to the evidence of the case and cannot provide character references or other irrelevant information.  Clerk Magistrate hearings typically last anywhere between 15 minutes to an hour. 

At the conclusion of the hearing, the Clerk Magistrate determines whether probable cause exists.  If the Clerk Magistrate determines there is insufficient evidence to support the issuance of a criminal complaint, the case will be dismissed. If the case is dismissed at the hearing, the accused person will not have a criminal record, and the case will not appear on any background checks.  If probable cause does exist, it is likely a criminal complaint will be issued, thereby moving the case forward to District Court for arraignment. Importantly, Clerk Magistrate hearings are not criminal trials, and the accused person is not found guilty or not guilty at its conclusion. 

Clerk Magistrate hearings are an important part of our criminal justice system in the Commonwealth, providing an opportunity for accused persons of certain offenses to present their story and resolve a case without going through lengthy and costly litigation.

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