Legal Question in Criminal Law in Massachusetts

Magistrates hearing.

How can a criminal complaint issue against me without an arrest being made and then be scheduled for an arraignment session without my being allowed to be heard at a show cause hearing first ?


Asked on 11/13/08, 4:43 pm

3 Answers from Attorneys
Gregory Casale Gregory Casale Attorney At Law

Re: Magistrates hearing.

A Clerk Magistrate may authorize a criminal complaint if the information received by the complaintant establishes probable cause to believe that the person against whom the complaint is sought committed an offense. You should hire an attorney to challenge the issuance of the complaint. Upon a motion, the judge may remand the matter back before a Clerk Magistrate for a show cause hearing.

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Answered on 11/13/08, 10:15 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Magistrates hearing.

Probable cause must have been presented to the Magistrate.

Retain an attorney to file a motion asking the judge to remand it to a show cause hearing.

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Answered on 11/14/08, 12:50 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Magistrates hearing.

An arrest is not required. Not all matters are scheduled for a clerk's hearings.

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Answered on 11/15/08, 4:50 pm


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