What Is A Clerk Magistrates Hearing?
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A Clerk Magistrate Hearing, also known as a Show Cause Hearing, is a preliminary proceeding that takes place before criminal charges are officially issued.
Purpose:
To determine whether there is probable cause to issue a criminal complaint — meaning whether it’s more likely than not that a crime occurred and that the accused committed it.
When It Happens:
- When the police did not witness the alleged offense.
- When a citizen files a criminal complaint (for example, alleging harassment, assault, or property damage).
What Happens at the Hearing:
- The police officer or complainant explains the allegations and may present evidence.
- The accused (respondent) may attend, testify, or present evidence.
- The Clerk Magistrate decides whether to issue the complaint.
Possible Outcomes:
- Complaint issued: The case proceeds to arraignment in District Court.
- Complaint denied: The matter is dismissed at this stage; no criminal record results.
- Held open or continued: The Clerk may decide to hold the case open for a set period (often 3–6 months) and dismiss it later if no further incidents occur.
Because a Clerk Magistrate Hearing occurs before arraignment, resolving the matter here prevents any entry on your criminal record.
Similar Proceedings in New Hampshire
New Hampshire does not have Clerk Magistrate Hearings in the same formal way as Massachusetts, but there are comparable pre-complaint or probable cause procedures, depending on the charge and circumstances.
For Misdemeanors:
- If the police did not witness the offense, they typically file a complaint with a Justice of the Peace or Circuit Court Clerk, who reviews whether probable cause exists.
- This review is often done without a formal hearing unless the accused contests the complaint.
- Once the complaint is accepted, the defendant is summoned or arrested and brought before the court for an arraignment.
For Felonies:
- After charges are filed, the defendant has the right to a probable cause hearing in District (Circuit) Court before the case is bound over to Superior Court for trial or indictment.
- This hearing determines whether there is enough evidence for the case to proceed — somewhat similar in function to Massachusetts’ Show Cause Hearing but after charges are filed, not before.
