A clerk magistrate hearing provides an opportunity to stop a criminal case before it begins. Attorney Patrick Winn has extensive experience representing clients at clerk magistrate hearings and a strong record of successfully preventing complaints from issuing. He will guide you through the process and advocate for the best possible outcome—stopping a criminal prosecution before it starts.

For someone who receives a notice to appear for a clerk magistrate hearing, sometimes called a show cause hearing, the most important fact to understand is that you have not yet been charged with a crime.

That distinction matters. For a person whose career, professional licensing, education, immigration status, or reputation could be affected by a criminal record, preventing the case from reaching arraignment can be considerably more valuable than trying to obtain a favorable result after the criminal case has already begun.

How Winn Law Approaches Clerk Magistrate Hearings

Attorney Patrick Winn represents clients at clerk magistrate hearings throughout Massachusetts. Before the hearing, Patrick reviews the police report and other available evidence, identifies weaknesses in the allegations, and determines the best way to persuade the clerk magistrate not to issue the complaint.

There are two principal ways to accomplish that.

First, the defense can challenge whether there is probable cause to issue the criminal complaint. If the evidence does not establish probable cause, the complaint should not issue.

But that is not the only way to win.

Even when a clerk magistrate finds probable cause, there are circumstances in which the clerk may exercise discretion and decline to issue the complaint. That creates an opportunity for an attorney to explain not simply why the government’s evidence is insufficient, but why turning an allegation into a criminal prosecution would be unnecessary or unjust.

A Finding of Probable Cause Does Not Always Result in a Criminal Complaint

Patrick has successfully persuaded clerk magistrates not to issue criminal complaints even where probable cause was found or the evidence included an admission by the client.

In one recent Boston Municipal Court case, a clerk magistrate found probable cause but nevertheless declined to issue the criminal complaint after Patrick argued that the client was a college graduate with a good job and supportive family and that putting him through the criminal process would unnecessarily affect his professional and personal life. The client left the hearing without being arraigned and without the allegation becoming an entry on his criminal record.

In another case involving an allegation of property damage, the client had admitted to police that he broke the alleged victim’s mirror. The alleged victim was represented by counsel. After several hearings, however, the matter was resolved through payment of restitution, and the clerk magistrate agreed not to issue the criminal complaint. Again, the case ended without an arraignment or a criminal-record entry from the charge.

These results illustrate why a clerk magistrate hearing should not be viewed simply as a miniature criminal trial. Sometimes the strongest strategy is to challenge probable cause. In other cases, the better strategy is to give the clerk magistrate a persuasive reason why a criminal complaint should not issue at all.

What a Clerk Magistrate May Consider

Depending on the circumstances, Patrick may present information concerning a client’s employment, education, family responsibilities, lack of criminal history, community ties, willingness to make restitution, or other circumstances that demonstrate why prosecution is unnecessary.

The alleged victim’s position and the possibility of resolving a dispute through restitution or other appropriate conditions may also be relevant.

In some cases, rather than immediately issuing or denying the complaint, a clerk magistrate may hold the matter for a period of time subject to conditions. If those conditions are satisfied and no further problems occur, the complaint may ultimately never issue.

The objective remains the same: resolve the allegation before arraignment and prevent the creation of a criminal-record entry whenever possible.

Why Having an Attorney at the Hearing Matters

A clerk magistrate hearing is less formal than a criminal trial, but the consequences can be significant. What is said and presented at the hearing can determine whether you leave without a criminal case or are required to return to court for an arraignment.

An attorney can evaluate the police report, identify legal and factual weaknesses, determine whether presenting evidence is strategically helpful, and advocate for non-issuance even when probable cause may exist.

Counsel can also help prevent a client from making unnecessary statements about the allegations that could become damaging if the clerk ultimately issues the complaint and the case proceeds to court.

Direct Representation by Attorney Patrick Winn

When you hire Winn Law, P.C. for a clerk magistrate hearing, your case is handled directly by Attorney Patrick Winn. Patrick personally reviews the allegations, develops the strategy, prepares you for the hearing, and appears with you before the clerk magistrate.

The strategy is tailored to the particular case. Sometimes that means demonstrating that probable cause does not exist. Sometimes it means negotiating a practical resolution. And sometimes it means acknowledging that the clerk could issue a complaint but explaining why doing so would serve no useful purpose and could impose serious consequences on an otherwise productive person’s life.

The opportunity to make those arguments before a criminal record is created is what makes the clerk magistrate process so important.

Massachusetts Clerk Magistrate Hearing Attorney

If you have received notice of a clerk magistrate or show cause hearing, the time to address the allegation is before the complaint issues—not after you have been arraigned.

Read our guide:  What Happens at a Clerk-Magistrate Hearing?

For a free and confidential consultation about a clerk magistrate or show cause hearing in Massachusetts, contact Winn Law, P.C. at (857) 415-2415.