Legal Question in Criminal Law in Massachusetts

Is a clerk-magistrate's hearing (a/k/a: show cause hearing) upon an application for criminal complaint considered a CRIMINAL case? The purpose of the clerk's hearing is to determine whether or not their is sufficient evidence to support the charges listed in an Application for Criminal Complaint.

There is no "plaintiff" or "defendant" on the court documents - only the "accused" and "complainant".

The real reason I ask is because I want to have a few Witness Summonses issued by a notary public. G.L. c. 233 section 1 says a clerk of court, notary public, or justice of the peace may issue summonses for witnesses in all cases including in applications of complaints where a person may be charged with a crime. ........... But then, the law goes on to say that a notary public or justice of the peace may not issue a witness summons in criminal cases except upon the request of the district attorney... attorney general... or other person who acts on behalf of the defendant.

So, is a clerk's hearing [show cause hearing] considered a "criminal case"? I don't believe a "criminal case" has even started yet because the hearing is to determine probable cause [sufficient evidence].

Thanks!


Asked on 8/23/09, 12:28 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

i have issued pr had summonses issued for a clerk's hearing.

It is a criminal case.

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Answered on 8/28/09, 8:05 pm
Joseph Murray Joseph M. Murray, Esq.

Since it is an application for a criminal complaint, it is a criminal case, and you should be represented by an attorney if you are the accused to avoid incriminating yourself and make your best case as to why no criminal complaint should issue against you.

Don't try to be your own attorney. Good Luck!

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Answered on 8/29/09, 12:17 am


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