What is a Magistrate Hearing?

• Steven Topazio wrote this January 15, 2025 at 7:30 pm

A magistrate hearing in Massachusetts, also known as a show cause hearing, is a preliminary court proceeding held to determine whether there is probable cause to issue a criminal complaint. It is typically used for minor offenses, such as misdemeanors, and in cases where an individual has not been arrested but has been accused of a crime. The hearing allows both the accuser (often a police officer or private citizen) and the accused to present their sides of the story.

Key Features of a Magistrate Hearing
Purpose: The magistrate (a judicial officer) decides if there is sufficient evidence (probable cause) to formally charge the accused with a crime.

Informal Setting: It is less formal than a trial, and the rules of evidence are more relaxed. Witnesses may be called, and both parties can present their version of events.

No Right to an Attorney: While an accused person may bring an attorney to the hearing, there is no guaranteed right to have one appointed by the court at this stage.

Outcome
If the magistrate finds probable cause, a criminal complaint is issued, and the case proceeds to court for arraignment. If no probable cause is found, the complaint is dismissed, and the case does not move forward. In some cases, the magistrate may resolve the matter without criminal charges, such as by recommending a warning or mediation between the parties.

Magistrate hearings are commonly used for minor offenses like shoplifting, motor vehicle violations, or assault and battery where the accused has not been arrested.