Massachusetts criminal defense
Show cause hearings in Massachusetts
A show cause hearing is a private hearing before a clerk-magistrate in a Massachusetts District Court or the Boston Municipal Court. The magistrate decides whether there is probable cause to issue a criminal complaint against you. If no complaint issues, no criminal case begins, so this hearing is an early chance to stop a case before it starts.
What a show cause hearing is
When police or a private person want to charge someone with a crime in the District Court, they file an application for a criminal complaint with the clerk's office. Under M.G.L. c. 218 § 35A, the person accused may be given a chance to be heard, personally or through a lawyer, before the court decides whether to issue the complaint.
That chance to be heard is the show cause hearing. It is usually held before a clerk-magistrate, not a judge. The same statute covers the Boston Municipal Court and the Juvenile Court.
A criminal case in the District Court does not begin until a complaint is authorized. Until then, the application is only an accusation that no judicial officer has found supported.
When you get a show cause hearing
Whether you get a hearing depends on the charge, who is asking for the complaint, and whether you were arrested.
- Misdemeanor, no arrest. You are generally entitled to notice and a chance to be heard before a complaint issues.
- Felony sought by police. The magistrate must schedule a hearing if the officer asks for one. Otherwise, the officer can get a decision without a hearing.
- Felony sought by a private person. The magistrate has discretion to schedule a hearing.
- Motor vehicle citation charging only misdemeanors. You can ask for a hearing within 4 days of receiving the citation. If you do not ask in writing in time, the right is treated as waived.
When there is no hearing
There is no right to a hearing if you were arrested for the offense or if the application also includes a felony. There is also no hearing if the magistrate finds an imminent threat of bodily injury, of another crime, or of flight from Massachusetts. To decide whether there is a threat of bodily injury, the magistrate must review your criminal record and the statewide domestic violence records.
A private person who files an application has no right to a hearing, no right to a complaint, and no right to appeal a denial. The magistrate can also deny an application without scheduling a hearing.
The probable cause standard
The only question is probable cause. The magistrate asks whether there is reasonably trustworthy information that would lead a prudent person to believe a crime was committed and that you committed it.
This is a low bar. It is the same standard police use to make an arrest, and it is well below proof beyond a reasonable doubt at trial. The magistrate is not deciding guilt and should not simply weigh your story against the complainant's.
If the complainant's evidence does not show a crime, the application can be denied without hearing from you. If it does, raising some doubt is not enough. You generally have to completely refute it, either with a clear legal defense based on facts no one disputes or with evidence that fully discredits the accusation, such as a persuasive alibi.
What happens at the hearing
Notice usually comes by regular mail, generally at least seven days before the hearing. When you arrive, go to the District Court criminal clerk's office and ask where the hearing will be held.
- The hearing is private. It is presumptively closed to the public, though the complainant, the accused, their lawyers, and a family member or friend for support are usually allowed.
- Both sides may have a lawyer. The law makes no provision for a court-appointed lawyer at this stage, so you have to hire one if you want one.
- Witnesses testify under oath. Both sides can bring witnesses and can use witness summonses. You have the right to a qualified interpreter if you need one.
- There is no right to cross-examine the complainant. The magistrate may allow your lawyer to ask questions or to suggest questions.
- You should be told of your right against self-incrimination. Anything you say can be used against you later.
- Courts are encouraged to record the hearing. If the court does not record it, you can ask to make your own recording.
If you do not attend
You are not required to attend. If you stay home, the complainant must still establish probable cause. But you give up the chance to answer the accusation, and the magistrate hears only one side.
Possible outcomes
The magistrate can decide the application in one of several ways.
- Complaint denied. No criminal case begins. A denied application is kept separate from criminal records, is not open to the public, and is destroyed after one year unless a judge orders it kept longer.
- Complaint issued. A criminal case begins and you get a date for arraignment, usually by summons rather than a warrant. The application and the hearing record then become part of the public case file.
- Decision deferred. With the consent of both sides, the magistrate can hold the application for a period, such as six months or a year, on conditions such as avoiding any repeat of the conduct. Any payment must be limited to the complainant's actual economic loss.
- Application withdrawn. The complainant can withdraw the application, and you should be told.
After the decision
If a complaint issues, you cannot appeal the magistrate's decision. Your remedy is a motion to dismiss at or after arraignment. If the complaint is denied, the complainant can ask a judge to take another look, and the judge decides whether to do so.
Why a lawyer matters at a show cause hearing
A show cause hearing moves quickly and has its own rules. Because the magistrate is only looking for probable cause, what you say and what you leave out both matter. A lawyer can help you decide whether to speak at all, since statements at the hearing can be used later.
A lawyer can gather documents and witnesses that directly refute the accusation. Where it fits the case, a lawyer can also discuss a deferral with the complainant or police. And if you were entitled to a hearing on a misdemeanor but did not get one, the complaint can be dismissed without prejudice.
Lisa DiLibero, Esq., handles the firm's Massachusetts matters. If you received notice of a clerk-magistrate hearing, call 401-621-9700 before the hearing date.
Frequently asked questions
No. It is a hearing on an application for a complaint. A criminal case in the District Court begins only if the magistrate authorizes a complaint.
If the complaint is denied, the application is not open to the public and is destroyed after one year unless a judge orders otherwise. If a complaint issues, the application and the hearing record become part of the public criminal case file.
You are not required to attend. But if you do not go, the magistrate hears only the other side, and a complaint can issue if that evidence shows probable cause.
Yes. Both the accused and the complainant can be represented. The court does not appoint lawyers for show cause hearings, so you need to hire your own.
Generally no. The statute gives the opportunity to be heard to people who are not under arrest for the offense. After an arrest, the case goes to arraignment.
Yes, for good cause. Ask the clerk's office before the hearing date. A magistrate decides the request.
Next step
Have a show cause hearing coming up?
Call 401-621-9700 or send us a message before your hearing date. The first conversation is free.