Massachusetts Probable Cause Hearings: Top 5 Quick Insights

Getting arrested isn’t the only way you can find yourself hit with criminal charges. Receiving a summons for a probable cause hearing in Massachusetts can also result in you being formally charged with a misdemeanor.

While you’re likely familiar with the basics of a criminal trial, many people have never even heard of probable cause hearings—let alone researched how they fit into the MA criminal process.

But at Fogarty Law, our MA probable cause hearings attorney Courtney K. Fogarty has spent the past 10 years crafting successful defense strategies for clients facing probable cause hearings. Read on for answers to all of your questions, and tips for how to prepare.

What is a Probable Cause Hearing in Massachusetts?

A probable cause hearing in Massachusetts is a hearing that decides whether there’s enough evidence to charge an individual with a crime in District Court.

It’s also commonly known as a show cause hearing or a clerk magistrate hearing. All three names can be used interchangeably.

Probable cause hearings typically happen following a crime that wasn’t witnessed by a police officer. When an officer becomes aware of the offense, they’ll file a formal complaint with the District Court clerk.

Then, the probable cause hearing is scheduled. The purpose is to determine whether probable cause exists to support issuing a criminal charge.

Said another way, a probable cause hearing will establish whether there’s a reasonable basis for believing you committed the offense in question.

1. How Does a Probable Cause Hearing in MA Differ from a Trial?

A probable cause hearing in Massachusetts differs from a trial in that the hearing is far less formal, and unlike a trial, you haven’t yet been formally charged.

Here are some other major differences between a probable cause hearing and a trial:

• No judge is present during a probable cause hearing
• Instead of a prosecutor, a private citizen or police officer presents evidence to a clerk magistrate
• A police liaison may be present instead of the investigating officer
• A probable cause hearing is normally not open to the public, unlike a trial

2. Common Misconceptions About Massachusetts Probable Cause Hearings

Some common misconceptions about MA probable cause hearings include:

• Thinking it’s not serious – Don’t ignore the summons after you receive it. Doing so can result in a warrant for your arrest and additional criminal charges.
• Thinking you must testify – In many situations, it’s best to stay silent and let your defense attorney communicate with the clerk.
• Thinking there’s no way out – Even if you committed the offense in question, working with an MA probable cause hearings lawyer can help minimize the consequences.

All in all, receiving a summons for an MA probable cause hearing means you’re in a better position than if you’d received a summons for an arraignment.

This means you’re suspected of a crime, but you haven’t actually been arrested or charged yet. At this stage, it’s still possible to resolve the matter without any charges appearing on your criminal record.

3. Why Legal Representation is Crucial During a Probable Cause Hearing in Massachusetts

Legal representation is key during an MA probable cause hearing for many reasons:

• Managing testimony – Because everything you say during this hearing is recorded and can be used against you, your attorney may advise you not to testify.
• Cross-examination – You have the right to some cross-examination during the hearing, so you’ll want an attorney well-versed in this skill.
• Alternative resolutions – Even if there’s enough evidence to charge you, an experienced attorney may be able to reach an alternative solution with the clerk magistrate.
• Protecting your rights – Your lawyer will ensure your Constitutional rights are honored and protect you from, for example, unconstitutional search warrants.

Having legal representation during your probable cause hearing can make the difference between whether you walk away with a clean record or find yourself facing fines and jail time.

4. What Impact Does a Probable Cause Hearing Have on the Overall Criminal Process?

A probable cause hearing can impact the overall criminal process in several ways:

• If probable cause is found to exist, your criminal case will formally begin. You’ll be charged and arraigned, and the charges will appear on your criminal record—even if you’re ultimately found not guilty.
• If probable cause is not found to exist, the application will be dismissed and nothing will appear on your criminal record. If the complainant doesn’t choose to appeal the decision to the judge, you move on with your life as if this never happened.
• If the clerk magistrate chooses to hold the application, everything goes on hold for up to one year. If no further allegations are made during that year, the judge may dismiss the application. You would still have a clean record with no criminal charges in this scenario.

A probable cause hearing in Massachusetts may be the first step in a long criminal process, or it may ultimately be an event that doesn’t impact your life or cross your mind ever again.

5. Why get help from an Aggressive, Dedicated Massachusetts Probable Cause Hearings Lawyer?

Depending on the outcome, your probable cause hearing can cause ripples across your life for years to come. Even if your case proceeds to trial and you’re found not guilty, the fact that you were charged will still appear on a background check.

The best way to ensure the most favorable possible outcome is by hiring an aggressive, knowledgeable, and dedicated MA probable cause hearings lawyer. With a decade-long track record of successfully defending clients and 5 years of experience as an Assistant District Attorney in Plymouth County, that’s exactly what you can expect when you work with Massachusetts Criminal Defense Attorney Courtney K. Fogarty.

If you or a loved one has received a summons for a probable cause hearing in Massachusetts, call (508) 317-0339 now to schedule your free case consultation.