Massachusetts Clerk Magistrate Hearings in District Court

In Massachusetts, Clerk Magistrate Hearings may be scheduled for both Civil and Criminal Citations. Civil traffic tickets for violations such as speeding, follow a different procedure than criminal traffic tickets. In either case, the court will mail a notice to appear, or “Summons,” to the accused.

Criminal Clerk Magistrate Hearings

In Massachusetts, a person may first realize that they have been charged with a crime when they are given a traffic ticket by the police with a criminal offense listed on the citation.  A Massachusetts Uniform Citation may be used as notice to the accused for certain crimes in Massachusetts.

In addition,  it is possible to receive a summons on an “Application for a Criminal Complaint Notice” in the mail from the applicable Massachusetts District Court or Boston Municipal Court. If you have received a ticket from the police listing a criminal offense, it is important to take swift action in order to minimize and mitigate the impact of the violation.

Under Massachusetts Law, you have 4 days to submit the citation to the District Court in order to request a Clerk Magistrate Hearing. If the citation is criminal, the police officer will check the “crim” box next to the violation and will also mark the “Criminal Application” box on the ticket.

If you have received a Notice to Appear in the mail from the District Court notifying you of a hearing on an Application for a Criminal Complaint in MA, contact Caselden Law to speak with an attorney about your case.  Our firm prides itself on providing efficient and effective legal representations to our clients on short notice.  We begin to work on your case immediately and will take the necessary actions to put you in the best position for success.

What if the Officer Listed a Criminal Offense on my Massachusetts Uniform Citation?

If you received a Massachusetts Uniform Citation containing a criminal violation, it is important to act quickly.  Closely read and follow the instructions on the back of the ticket.  In addition, it is vital to seek legal counsel immediately as the time frame for handling these matters is very tight.

If the “crim” box is checked on the line next to the offense, it means that you are facing criminal charges. The citation must be filed with the applicable District Court within 4 days. The court address should be listed on the bottom right hand corner of the ticket that was issued.

What is an Application for a Criminal Complaint in Massachusetts?

More often than not, when the police have probable cause to believe that a person has committed a crime, that person will be arrested and charged with an offense at his or her arraignment.  It is also common for an individual to receive a summons to appear in court to be arraigned.  Yet there is another path – a clerk magistrate hearing on an Application for a Criminal Complaint.

At the criminal clerk’s hearing, commonly referred to as a “show cause” hearing, the clerk magistrate will determine whether or not probable cause exists and, if so, whether the complaint should “issue.”  If the criminal complaint is issued, the court will assign a future date for the defendant to be arraigned in court. If, on the other hand, the clerk does not issue the complaint, the case does not move forward and will not appear on an individual’s criminal record.

Usually, clerk magistrate hearings of this nature are reserved for less serious offenses or complaints that have been filed by private citizens.  It is important to speak with an experienced Boston Criminal Defense Lawyer as early on as possible since you may be required to request a criminal clerk magistrate hearing by sending in the citation in accordance with the instructions on the back of the ticket (if applicable).  Some of the more common cases heard at the clerk magistrate level include, but are not limited to:

Almost anyone can apply for a criminal complaint to be issued against an individual.  Often times, the application will be made by the local or State Police.  Yet a private citizen may also request that a criminal complaint issue against an individual through the appropriate District Court. The burden of proof is on the person seeking the complaint who must prove the existence of probable cause.  Once the applicant has made his or her case, the defendant will be afforded an opportunity to cross-examine the witness and present evidence.

Boston, Massachusetts Criminal Clerk Magistrate Hearing Defense Attorney

At Caselden Law, our Greater Boston Application for a Criminal Complaint Defense Firm understands the high stakes of facing criminal charges in Massachusetts.  As a client of our firm, your Cambridge criminal defense lawyer will work tirelessly to develop the most effective legal strategy available in order to achieve the best possible outcome at your criminal clerk magistrate’s hearing.

Through our client-focused approach and superior legal skill, our firm strives to accomplish your goals while reducing the stress that often accompanies criminal charges.

We will clearly explain your legal rights and will be by your side throughout the entire process.  Our office is conveniently located in Cambridge, Massachusetts.

If you are facing criminal charges in Massachusetts, Contact Caselden Law to schedule a free of charge initial consultation with a dedicated and experienced Boston Clerk Magistrate Hearing defense attorney about your case.

We are available to speak with you 24 hours a day, 7 days a week – including nights and weekends.

We Handle All Traffic Cases on a Flat-fee Basis.

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