Show-Cause Hearings in Massachusetts
Clerk-Magistrate Hearings Under G.L. c. 218, § 35A

A person accused of a misdemeanor who has not been arrested is generally entitled to a hearing before a clerk-magistrate before a criminal complaint can issue. These proceedings are called show-cause hearings or clerk-magistrate hearings. They are a pre-arraignment screening step under G.L. c. 218, § 35A.

A successful result at this stage can mean the complaint never issues, no arraignment occurs, and no public criminal record is created.

When Are You Entitled to a Show-Cause Hearing?

The right is statutory, not constitutional. You are generally entitled to the hearing when:

• The charge is a misdemeanor; and
• You were not arrested for that offense.

You are not entitled to a show-cause hearing when:

• You were arrested on the charges;
• The application involves a felony (unless a law-enforcement officer specifically requests a hearing, or the magistrate exercises discretion in certain private-complaint felony cases); or
• The magistrate determines there is an imminent threat of bodily injury, commission of another crime, or flight from the Commonwealth.

For motor-vehicle citations charging only misdemeanors, a request for a show-cause hearing must generally be made within four days of receiving the citation.

What Happens at the Hearing

The hearing is private. It is typically held in a conference room or courtroom at the District Court or Boston Municipal Court. It is not open to the public.

The people usually present are the clerk-magistrate, a police prosecutor (often a detective or ranking officer), the accused, and defense counsel if retained. If a private citizen applied for the complaint, that person will also be present.

The standard is probable cause—a relatively low threshold. The police or private complainant must show that it is more likely than not that a crime occurred and that the accused committed it.

The accused has the right to present evidence, call witnesses, cross-examine the complainant’s witnesses, and argue against issuance of the complaint.

Although the hearings are private, the Supreme Judicial Court has held that they should be recorded. In practice, recording is not always consistent. Sworn testimony given at the hearing can later become relevant if the matter proceeds.

Possible Outcomes

The clerk-magistrate has meaningful discretion even when probable cause exists. Possible results include:

No probable cause

The complaint does not issue and the matter ends, subject to limited police appeal rights in some circumstances.

Probable cause found, matter later closed

The magistrate keeps the matter open for a period of time and later closes it without issuing a complaint. This is an excellent result that avoids any criminal record.

Continued on conditions

The magistrate continues the matter on conditions—for example, restitution, a class, or counseling—with the understanding that successful compliance will result in no complaint issuing.

Complaint issues

The accused is then summoned for arraignment in District Court.

The magistrate’s ability to decline to issue a complaint even when probable cause exists is one of the most valuable features of the hearing. It allows minor or marginal cases to be resolved without creating a public criminal record.

Why Representation Matters

There is no constitutional right to appointed counsel at a show-cause hearing because formal criminal proceedings have not yet begun. Many people appear without a lawyer.

Experienced counsel can improve the chances of a favorable result by preparing the factual presentation, identifying weaknesses in the application for complaint, negotiating with the police prosecutor, and proposing alternative dispositions that allow the magistrate to keep the matter open or close it without issuing process.

When you retain Attorney William J. Barabino, you are engaging counsel who has personally achieved successful outcomes in a wide range of show-cause hearings. View additional results on the Recent Cases page.

Because a complaint that never issues creates no CORI entry, the stakes at this early stage are often higher than many people realize.

Show-Cause Hearings Attorney Barabino Has Won

Attorney Barabino has represented clients at clerk-magistrate show-cause hearings and obtained successful outcomes. In some types of cases, he has done so more than once. These include: Distribution of a Controlled Substance, Assault and Battery, Leaving the Scene of Property Damage, Negligent Operation of a Motor Vehicle, OUI / Drunk Driving, Breaking and Entering, Trespassing, Assault and Battery on a Police Officer, Malicious Destruction of Property, Disorderly Conduct, Shoplifting by Asportation, Assault, Open and Gross Lewdness, Assault and Battery on a Pregnant Person, Operating an Uninsured Motor Vehicle, Operating an Unregistered Motor Vehicle, Permitting an Unlicensed Operator, Unlicensed Operation of a Motor Vehicle, Distribution of a Class D Substance, School Zone Violation, Threats, Violation of a Harassment Prevention Order, Conspiracy, Witness Intimidation, Liquor ID Card Offense, Gaming Act Wager by a Person Under 21, Improper Storage of a Firearm, Larceny Under $1,200, Failure to Stop for Police, Reckless Operation of a Motor Vehicle, Larceny Under a Single Scheme Under $1,200, Possession of a Class B Substance, Assault with a Dangerous Weapon, License Suspension, Receiving Stolen Property, Cheating and Swindling Under the Gaming Act, Impeding a Gaming Investigation, Minor in Possession of Alcohol, Indecent Exposure, Possession of a Forged or False License, Evading Taxi Fare, Uttering a False Prescription, Annoying and Accosting, Unlawful Possession of Fireworks, and Leaving the Scene of Personal Injury.

Speak With Counsel Before the Hearing

Show-cause hearings remain an important screening device in Massachusetts criminal practice. Outcomes still turn on the quality of the presentation, the magistrate’s discretion, and the willingness of the parties to resolve marginal cases without formal charges.

Contact William Barabino at 781-393-5900

If you are facing criminal charges, a clerk magistrate hearing, or are currently under investigation, contact criminal defense attorney William Barabino by calling his Medford, Massachusetts, law office at 781-393-5900. You may also complete his online contact form.