QUESTION
What could happen to a magistrate hearing?
Asked on Dec 01st, 2012 on Criminal Law - Massachusetts
More details to this question:
I was caught shoplifting from a store in Holyoke, MA. The items totaled less than $20, and they got the items back. I'm working on paying the civil fine but I just received a letter about a magistrate hearing. I'm wondering what would/could happen at this hearing, what I should do & expect. Any advice would be greatly appreciated.
1 ANSWER
Stephen P. Kelly
A clerk magistrate hearing or "show cause" hearing occurs before a criminal complaint is actually issued. The purpose is to determine whether probable cause exists to believe that a misdemeanor crime was committed, whether there is probable cause to believe that the alleged suspect committed it, and if so, whether a criminal complaint should issue. The show cause hearing provides you with an opportunity to address the matter and potentially avoid a criminal case before it starts. It is highly advisable to have a lawyer attend the hearing and present your case on your behalf. Nothing you say in a show cause hearing is privileged and what you say may be used against you in a subsequent criminal case. Probable cause is a relatively low level of evidence. It is not necessary for the police or complainant to present anything near the level of evidence required to support a conviction. It is enough if there is "reasonably trustworthy information sufficient to warrant a prudent person in believing that a crime has been committed and that the accused is the perpetrator." Often times, criminal charges can be avoided by presenting a compelling case at the show cause hearing. Having an experienced criminal defense attorney advocating for you at the hearing will you give you the best opportunity to present such a case. In addition, you will avoid speaking at the hearing and potentially saying something that could be useful to the prosecution in a subsequent criminal prosecution.
Answered on Dec 05th, 2012 at 3:52 PM