Legal Question in Criminal Law in Massachusetts

Re: Difference between

A show cause hearing occurs in cases involving

certain misdemeanors in the District Court.

It occurs when a criminal complaint is initiated

without an arrest, Often in response to a civilian

application for a complaint.

A probable cause hearing occurs in cases involving

"probable cause" felonies which fall exclusively within

the final jurisdiction of the Superior Court.

After a felony complaint issues for a probable cause

felony (rape, murder, robbery, mayhem, burglary, etc.)

the case is scheduled for a probable cause hearing. The

probable cause hearing can serve as a substitute for an

indictment by a grand jury.

It's use is extremely rare to actually have a probable cause

hearing because district attorneys will normally indict defendants

prior to the hearing, so that defense attorneys will not have an

opportunity to cross examine witnesses as permitted in a probable

cause hearing. Upon obtaining an indictment, the prosecutor in

the district court moves to dismiss the lower court's complaint.

Were a police officer is present, they have authority

to arrest on the spot.

Re: Difference between

Sometimes the phrases are used interchangebly, however, "show cause" usually applies to Magistrate's hearings - should a criminal complaint be issued, and "probable cause" hearings apply to whether there is enough evidence to send the case to the superior court instead of keeping it in district court.