Clerk Magistrate Hearings

As I have explained to the law school students that I have taught over the years as an Adjunct Professor, winning at a Clerk Magistrate Hearing (also called a show cause hearing) is the best possible scenario for anyone charged with a crime. Attorney Neil F. Faigel has over 30 years of experience handling Clerk Magistrate Hearings (CMH) throughout the Commonwealth.

A CMH is a great opportunity to prevent an accused person from having a criminal record. If you have received a notice of a CMH you should immediately contact attorney Neil F. Faigel.

A CMH proceeds in an informal manner in a room at the courthouse. The Clerk Magistrate’s specific function is to determine if probable cause exists to require the accused to answer to a criminal charge in the District Court. A CMH is, in some instances, the first step in a criminal case. Instead of the police arresting an individual, the police, or another individual, fills out an application requesting that the court issue a criminal complaint. As this takes place prior to the issuance of a criminal complaint, the CMH allows Attorney Faigel to argue and present evidence that the criminal complaint should not issue against you. The hearings are not recorded and the rules of evidence do not apply.

At a CMH a clerk magistrate of the court will preside and, in essence, act as a judge. A police department representative is also present at the CMH. At the CMH the police officer will present the facts of the case, where, for the most part, he will read the police report. Witnesses may also be present. Attorney Faigel will have the ability to present your defense and / if appropriate, cross examine the police officer and / or any witness that have testified.

After hearing the evidence, the Clerk Magistrate may take any number of actions. In Gordon v. Fay, 382 Mass. 64 (1980) the Massachusetts Supreme Judicial Court stated that the implicit purpose of a CMH is to enable the court clerk to screen a variety of minor criminal or potential criminal matters out of the criminal justice system through a combination of counseling, discussion or threat of prosecution.

If your attorney can prevent a complaint from issuing at the CMH, then the person accused will not have a criminal record of the charges because they were never arraigned in the District Court. This is why Attorney Faigel takes the CMH so seriously and leaves no stone unturned in an effort to convince the Clerk Magistrate not to issue a criminal complaint against his client.

As an example, Attorney Faigel recently handled a CMH where the police sought to bring a criminal complaint against an individual for violating the gambling laws in the Commonwealth. Attorney Faigel prepared for the CHM by researching all of the relevant law and applying that law to the facts of the case. At the CMH Attorney Faigel was able to convince the Clerk Magistrate not to issue a complaint against his client for violating the gambling laws. As a result, Attorney Faigel’s client was never formally charged with a crime and the case was closed.

If you have received a notice to appear in court for a Clerk Magistrates Hearing, please contact Andover Clerk Magistrate lawyer Neil F. Faigel as soon as possible. It is imperative that you have a seasoned and experienced defense attorney to advise you as early as possible. You might be under the impression that CMH are not very serious, but that is not the case. The stakes are very high at a CMH. A CMH is the first opportunity that you have to get rid of the case before a complaint issues against you and you are formally charged in the District Court. Attorney Faigel has years of experience representing clients in CNH’s. Contact Attorney Faigel for a free consultation right away. He will ensure that you receive the best possible defense.