Misdemeanor crimes are most often committed out of the sight of law enforcement officials. In Massachusetts, in order for police to charge a person with a misdemeanor committed away from their presence, other than domestic assault and battery, they must apply for a complaint at a local court. Police can’t arrest individuals for misdemeanors allegedly committed away from their presence, with the exception of domestic assault and battery. Even if a misdemeanor is committed in the presence of a police officer, this process is sometimes followed instead of arresting and formally arraigning an individual on misdemeanor charges.
Entitled To Clerk’s Hearing
When police apply for a complaint at the local court, the person charged is entitled to a clerk’s hearing. In Massachusetts, a clerk’s hearing, also called a “clerk magistrate’s hearing” or a “show cause hearing,” are used to determine if sufficient evidence exists or reasonable cause to warrant further legal prosecution.
Reasons For Clerk’s Hearing
There are several situations where someone may be called in for a clerk’s hearing. Common misdemeanors that result in clerk’s hearings include charges such as fake ID, motor vehicle offenses, shoplifting, drug possession, simple assault, disorderly conduct, OUI, trespassing, and larceny.
Contact Us For Help With Clerk Hearings
A clerk’s hearing is a great opportunity to challenge the evidence the prosecution has against you and keep your criminal record unblemished. Without skilled and experienced representation, you are taking a high risk of the charges standing and your future being compromised. The Law Office of Rachel Matos criminal attorneys understand how to successfully navigate a clerk’s hearing to give you the highest chance of dismissing a complaint and keeping a criminal record clean. Receiving a notice to appear at a clerk’s hearing can be a nerve-wracking and anxiety producing experience, but you don’t have to face the legal system alone. We have decades of successful practice experience in Bristol, Plymouth, and Norfolk county. Contact (508) 386-9094 or email us today!