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What is a Massachusetts Clerk Magistrate’s Hearing?

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A Clerk Magistrate’s Hearing is a great opportunity to prevent an accused person from having a criminal record. If you have been given notice of a Clerk Magistrate’s Hearing, it is important you reach out to an experienced Massachusetts Criminal Defense lawyer. A Clerk Magistrate’s Hearing is also known as a “show cause hearing.” A Clerk Magistrate’s Hearing is done informally in a private room at one of the Massachusetts District Courts. There is a member of the police department known as a police prosecutor at this hearing, and you have the opportunity to be represented by an attorney. The lawyers at Ellison Law LLC have represented clients at numerous Clerk Magistrate’s Hearings all throughout the Commonwealth of Massachusetts.

What is the Clerk Magistrate Looking for at the Show Cause Hearing in Massachusetts?

At the hearing, the Clerk Magistrate’s primary role is to determine whether probable cause exists to require the accused to answer to a criminal charge formally in District Court. However, Magistrates may decline to authorize complaints where the law allows the conflict to be fairly resolved in a different manner. In Gordon v. Fay, 382 Mass. 64, 69-70, 413 N.E.2d 1094, 1097-1098 (1980), the Massachusetts Supreme Judicial Court noted that the “implicit purpose of the [G.L. c. 218, §] 35A hearings is to enable the court clerk to screen a variety of minor criminal or potentially criminal matters out of the criminal justice system through a combination of counseling, discussion, or threat of prosecution.”

A person accused of committing a misdemeanor (a crime that does not have a state prison sentence associated with it) is generally entitled to an opportunity to be heard in opposition to the issuance of the complaint at a Clerk Magistrate’s Hearing.

This requirement does not apply (1) if the accused has been under arrest with these allegations (2) if there is an accompanying felony charge, (3) if the application for complaint is denied, or (4) if the Magistrate decides that there is an imminent threat of bodily injury, commission of a crime, or flight from the Commonwealth by the accused person.

There are certain circumstances when a felony can be heard at a Clerk Magsistrate’s Hearing.

What is Probable Cause at a Clerk Magistrate’s Hearing in Massachusetts?

The Clerk Magistrate’s most important decision is whether or not probable cause exists to issue the complaint on the charges applied for.

First, the Clerk Magistrate must determine that there is probable cause that a crime has been committed.

Second, the Clerk Magistrate must determine there is probable cause that the accused committed the crime.

Probable Cause is generally considered a low standard of proof. “Probable cause exists where . . . the facts and circumstances within the knowledge of the [magistrate] are enough to warrant a prudent person in believing that the individual . . . has committed . . . an offense . . . . Probable cause is a relatively low threshold, requiring only sufficiently trustworthy information to instill in a reasonable person the requisite belief of criminality.” Paquette v. Commonwealth, 440 Mass. 121, 132, 795 N.E.2d 521, 531-532 (2003).

The Magistrate should determine whether probable cause exists after hearing the full statement from the complainant. “The complainant need only present a statement of accusation which in the eyes of the magistrate is complete in terms of the elements of the crime and reasonably believable in terms of its allegations.” Commonwealth v. DiBennadetto, 436 Mass. 310, 314, 764 N.E.2d 338, 342 (2002).

What is the Strategy for a Clerk Magistrate’s Hearing in Massachusetts?

If you can prevent a complaint from issuing at this show cause hearing, then the person accused will not have a criminal record of the charges because they were never arraigned formally in District Court. This is why it is so important to handle these in a proper way. The statements you make can be used against you, which is why it is so important to have an attorney speak on your behalf. The attorneys at Ellison Law LLC do their own investigation prior to representing a person at a Clerk Magistrate’s Hearing. They also have the opportunity to summons in witnesses to appear and testify at the hearing.

There are, generally speaking, two types of strategies for a Clerk Magistrate’s Hearing (although every case deserves its own unique strategy).

1) Challenge Probable Cause

If you can prove to the Clerk Magistrate that there is no probable cause of a crime being committed, then you can block the complaint from issuing. This may be done by either showing some facts and circumstances that no crime was committed or the police have the wrong person for the alleged crime. It can also be shown by making a legal argument by citing existing case law and statutes that the alleged conduct was not criminal.

2) Prevent a Complaint from Issuing Based on Certain Conditions

Many times at a Clerk Magistrate’s Hearing, you can come to an agreement with the police and/or the Clerk Magistrate on conditions the Defendant will fulfill that would prevent a criminal complaint from issuing. In this scenario, we would offer conditions like community service, attendance on drug counseling, payments of court costs, or some other appropriate conditions along with the condition that the person will stay out of trouble for some time. The Clerk Magistrate will then continue the hearing for some time to give the Defendant an opportunity to fulfill the conditions and stay out of trouble. If, on the date of the continuance, the Defendant has fulfilled these conditions, the Clerk Magistrate will agree to not issue the complaint.

What Law Allows for a Clerk Magistrate’s Hearing in Massachusetts?

Massachusetts General Laws c. 218, § 35A states the following, “If a complaint is received by a district court, or by a justice, associate justice or special justice thereof, or by a clerk, assistant clerk, temporary clerk or temporary assistant clerk thereof under section 32, 33 or 35, as the case may be, the person against whom such complaint is made, if not under arrest for the offense for which the complaint is made, shall, in the case of a complaint for a misdemeanor or a complaint for a felony received from a law enforcement officer who so requests, and may, in the discretion of any said officers in the case of a complaint for a felony which is not received from a law enforcement officer, be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint unless there is an imminent threat of bodily injury, of the commission of a crime, or of flight from the commonwealth by the person against whom such complaint is made. The court or said officers referred to above shall consider the named defendant’s criminal record and the records contained within the statewide domestic violence record keeping system maintained by the office of the commissioner of probation in determining whether an imminent threat of bodily injury exists”

If you receive notice of a Clerk Magistrate’s Hearing in Massachusetts, contact Ellison Law LLC today. Call us today at 401-230-5520.

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- David was Engaged, Responsive, and Above All Else Empathetic

"Allison did an amazing job with my traffic case. She was very clear transparent and overall very nice. She helped me through the process and explained every step on the way." Via Google

- Clear, Transparent, and Nice

"I was referred to Attorney Ellison and Attorney Tinsworth by a friend, as my first lawyer stopped answering my calls and did not show up for my pre-trial. I've never been in trouble with the…

- David is a Reliable Attorney

"Attorney David Ellison and his colleague Attorney Allyson Quay were extremely professional. My dad received a citation and they guided us through the legal process every step of the way with clarity, honesty, and sincerity.…

- Clear, Honest and Sincere Attorneys

"Reached out to lawyers when I was in need with traffic violations, ended up picking David. He never felt or let me down one bit he went above and beyond for me. I am grateful…

- David Went Above and Beyond for Me

"I never took the time to thank a lawyer after representing me because I always felt like they could have done more , they just was doing their job pretty much but Allyson Quay ,…

- 10/10 Would Recommend

"Attorney Ellison was remarkable to work with. He is very responsive and attentive. He explained the legal process with every possible detail and was there for me every step of the way. He definitely cares…

- Very Responsive and Attentive

"Needed to have case disposed of from years ago. Mr. Ellison handled it for me fast, for an honest fee. Best lawyer in the city!! If you find yourself needing an attorney, call him First…

- Best Lawyer in the City

"I hired David Ellison to represent me in connection with a traffic violation case. David treated my case as being of utmost importance and did everything possible to secure the most favorable outcome of the…

- Excellent Legal Service

"Attorney Ellison is kind, detailed with explaining every step of the legal process. He is a great attorney who will fight for you. I was anxious and afraid, but he got the best outcome for…

- Great Attorney Who Fights For You

"The best lawyers you can ask for. Always, looking out for your best interest. I wouldn't recommend anyone else!!" Via Google

- Lawyers Who Look out for Your Best Interest

"Very professional and lots of experience. Really takes the time to send you information you need to know prior to going to court. He answered every question I had and was able to get better…

- Very professional and lots of experience

David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

- I would recommend him to anybody

Really knows his stuff! If you need a save call Dave. I'm glad I did. Handled all the paperwork for me and made things really simple and comfortable setting

- Simple & Comfortable

David Ellison was very understanding and compassionate. He kept in touch and was always up to date. If you're looking for honest great legal representation contact David Ellison!

- Very Understanding and Compassionate

We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

- Personable, Flexible, Easy to Work With, Competent, Knowledgeable, Responsive and Trustworthy

"David Ellison and Allyson Quay are very knowledgeable and professional. They are a great to work with. Allyson helped me with my case and was able to obtain a great result! I am very happy…

- Very Knowledgeable and Professional

"Dave is an excellent lawyer! He has great determination and has helped me through multiple difficult times. He shows courage and analytical skill that proves he doesn't give up until he wins the case. I…

- Excellent Lawyer

The most amazing lawyer I have ever had. He does an amazing job with amazing results. Extremely happy with the results. Extremely highly recommended by me. He is a man of his word and is…

- Extremely Knowledgeable

David went above and beyond helping to resolve the matter quickly. He got the best possible outcome and was kind and easily accessible throughout the whole process. I can not recommend him more highly!

- David was Kind and Easily Accessible

"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

- A Great Lawyer, Recommend to Anyone

"I had a great experience hiring the law office of David Ellison .The attorney Allyson Quay that represented me was excellent ,and was able to get the results I wanted .I highly recommend hiring the…

- Great Experience Highly Recommend

"David did an excellent job with my interaction with the law. He noticed something that showed he had a great understanding of the law. He helped to prepare me for the situation and everything went…

- Highly Recommend David

"just want to say i couldn't find any lawyers to actually take my case seriously, alyson was the only one that not only reached back out to me but also got me my license back…

- 10 out of 10 Recommend

David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

- Highly Recommended

"We recently hired Attorney David Ellison to assist us with our son's motor vehicle case. After contacting him, he was extremely responsive and met with us very quickly. We were very impressed with Mr. Ellison…

- Extremely Responsive and Very Professional

"I had a case where I was certain I was going to, at least, lose my license. Prepared for the worst, but with David's help, I got the best outcome possible and was able to…

- Highly Recommend David

"Successful trial! David secured the best possible outcome in my case. Highly recommend his notable service." - Jorge Via Google

- Highly Recommend

"This particular case had no allowance to go bad. David expedited to trial where all charges were dropped in 15 minutes and the cases dismissed for both parties. Very professional, and to the point, like…

- Very Professional

"David is a great lawyer but more importantly a solid and genuine human being. He was effective, engaged, and honest throughout my entire case. He gave me sound, nuanced advice and kept me in the…

- Effective, Engaged, and Honest

"Great guy great lawyer will work with you financially and will get the result your looking for." Via Google

- Great Lawyer

"You get what you pay for and so much more. I was nervous, overwhelmed, and in uncharted territory. David called me personally within hours of inquiring online, and I immediately felt a sense of relief…

- Proper Representation that Delivers Results

"I was referred to Dave Ellison by a colleague and he is just the most kind, genuine, and knowledgeable lawyer I've had the pleasure of working with. He treats you like a good family member…

- David is Kind, Genuine, and Knowledgeable

"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

- David was Personable

David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

- Not a number, but a person

"Attorney David Elliison is top notch! He guided me through the process, told me what to expect and he did come through for me with great results! I would highly recommend." Via Google

- David is Top Notch

"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

- Great Communication and Hard Work

"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

- Can’t Recommend Them Enough

"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

- David was Helpful Throughout the Entire Process

"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

- You’re in Good Hands!

"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

- It was Great Working with David

"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

- Great Experience

"David Ellison handled my case with great professionalism and keen attention to detail. He took the time to explain the legal terms, options and possible outcomes I was facing. He made himself available at my…

- Great professionalism and Keen Attention to Detail

"David was so wonderful to work with. He did an amazing job helping us. Throughout the whole process, he was kind and patient and I felt like he really cared. I trusted him and I…

- David was Kind and Patient

After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

- Great Guy, Great Lawyer

"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

- Empathetic Advocacy and Legal Excellence

"Attorney Ellison was exceptionally professional in handling my case, an expungement. I received a prompt response from his office, and he was courteous to me and delivered results that were satisfactory to the expectations I…

- David Was Professional and Prompt

"Very knowledgeable of his profession and receiving results. Dave helped me out on numerous occasions, good or bad he's knows and will protect your rights" Via Google

- David Knows and Will Protect Your Rights

"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

- Rest Assured You Are In Good Hands With Ellison Law

Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

- David took my case head on

"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

- Patient, Knowledgeable, and Compassionate Attorney

David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

- Time Efficient & Friendly

"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

- The Best Lawyer for Traffic Citations: Highly Recommend

"David Ellison is one of the best attorneys I've met! Always prepared, professional and more than polite. If you need a save CALL DAVE! Ten out of ten!" Via Google

- David is Professional, Prepared and Polite

I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

- Exceptional Legal Support Leading to Client’s Overwhelming Gratitude and Appreciation

"David Ellison was great! He had a few appointments today and made sure to fit me in his schedule before hand. He made sure to go over everything with me so he knew what he…

- David was Great

"Good people, professional service the best." Via Google

- The Best

"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

- David Cares

"Allyson Quay is my attorney for life. I had a really tough situation that required alot of sorting out. Allyson fought like crazy, and I walked with a dismissal. I could not be happier. I…

- My Attorney for Life

"Highly highly recommend Attorney Ellison! He was overly prepared for my case, answered all of my questions and DELIVERED! He was fast, efficient and overall a pleasure to work with. Cares about his clients, rather…

- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

- Takes His Job and Role in Society Very Seriously

"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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