Are you entitled to a clerk’s hearing? Did you recently get summonsed on a misdemeanor charge and are facing criminal charges in Essex County or another Court in Massachusetts? If so, you may be entitled to ask the Judge to remit your case to a Clerk Magistrate’s Hearing (also known as a Clerk’s Hearing or Show Cause Hearing) to determine probable cause. Pursuant to the Massachusetts General Laws, chapter 218, section 35A, “If a complaint is received by a district court… 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 … be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint” In a clerk’s hearing, a prospective defendant would be given the opportunity to address the impending charges prior to their issuance to contest the existence of probable cause.
The statute specifically exempts anyone that poses an imminent threat of any of the following: bodily injury, commission of a crime, or of flight from the commonwealth. In determining eligibility for a clerk’s hearing, the court will 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 defining a misdemeanor offense, Massachusetts General Laws Chapter 274: Section 1 states: “A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” This does not mean that if you are subject to jail time or imprisonment, then it is automatically a felony offense. The charge must carry with it a state prison sentence alternative in order to be considered a felony offense.
If you are facing criminal charges in Essex County, Massachusetts and need the advice of competent and experienced counsel. Call Criminal Attorney Kristen F. Bonavita for a free consultation at (978-376-6746) or click here – bonavitalawoffice to visit her contact page and email her directly.