What Is a Show Cause Hearing in Massachusetts?
A show cause hearing Massachusetts defendants face is a rare opportunity to stop charges before they ever appear on your record.
If you receive a notice for a show cause hearing in Massachusetts, you have an opportunity that most criminal defendants never get: the chance to prevent charges from ever appearing on your record.
A show cause hearing — also called a clerk-magistrate hearing — happens before a criminal complaint is issued. If you win, there is no arraignment, no criminal charge, and nothing on your CORI. If you lose, the complaint issues and you face the normal criminal process.
Understanding how these hearings work can make the difference between walking away clean and facing a criminal record.
When Do You Get a Show Cause Hearing Massachusetts Courts?
The statute governing show cause hearings is G.L. c. 218, § 35A.
Under G.L. c. 218, § 35A, you are entitled to a show cause hearing when:
- You were NOT arrested for the alleged offense
- The charge is a misdemeanor (or certain felonies where the officer requests it)
- There is no imminent threat of bodily injury, crime, or flight
Show cause hearing Massachusetts can be for Common cases that go to show cause hearings include OUI (when issued a citation rather than arrested), assault and battery, shoplifting, minor drug offenses, and harassment.
What Happens at the Hearing?
The hearing takes place before a clerk-magistrate — not a judge. The rules of evidence do not apply. Hearsay is admissible. The proceeding is private and closed to the public.
The complainant — usually a police officer — presents evidence that a crime was committed. The clerk-magistrate then decides whether probable cause exists to issue a criminal complaint.
You have the right to present your version of events and call defense witnesses. However, you do not have the right to cross-examine the complainant or police officer. The clerk-magistrate has discretion to allow questioning, but it is not guaranteed.
Can the Clerk-Magistrate Dismiss the Case?
Yes. The clerk-magistrate has two separate powers:
First, if the complainant fails to establish probable cause — meaning the facts do not support the elements of the crime — the clerk-magistrate must deny the application.
Second, even if probable cause exists, the clerk-magistrate has discretion to decline to issue the complaint. The statute says the court “may cause process to issue” — not that it must. If the matter can be resolved another way, or if prosecution is unlikely, the magistrate may exercise discretion in your favor.
Why the hearing Matters?
The show cause hearing Massachusetts matters because if no complaint issues, you walk away with no criminal record. There is no arraignment, no CORI entry, and nothing for employers or landlords to find. The accusation stays private.
If the complaint issues, you are arraigned and the case proceeds through the criminal system. Even a dismissal after arraignment leaves a record that must be sealed.
The stakes are high — and this is the only stage where you can stop a charge before it ever becomes public.
Should You Hire an Attorney?
You are not entitled to a court-appointed attorney at a show cause hearing. At a show cause hearing Massachusetts You can represent yourself — but the hearing is recorded, and anything you say can be used against you if the complaint issues.
An experienced criminal defense attorney knows how to present your case, what arguments resonate with clerk-magistrates, and how to avoid admissions that could hurt you later. In many cases, a well-prepared defense at the show cause stage ends the matter entirely.
Facing a Show Cause Hearing?
If you have received a notice for a show cause hearing in Worcester County, Middlesex County, or anywhere in Massachusetts, do not go alone. With over 35 years of experience defending criminal cases, I have handled clerk-magistrate hearings for over 30 years and know how to fight for you at this critical stage.
Call the Law Office of Michael Patrick Murray at (508) 393-4162 for a free consultation.