Magistrate Hearings

Several people have asked me what exactly a magistrate hearing is and what will happen afterward. I did a little research and this is what I found out:

When you are given a traffic citation you will notice a box for civil offenses and a box for criminal offenses.

If the box for civil (say for a speeding charge) is checked that means you have 20 days in which you can return the citation and request a magistrate hearing. At this magistrate hearing you will listen to the charge against you read and then the police officer will present the case against you to the clerk magistrate. You will either have the citation dismissed, receive a lesser charge/payment penalty, or be found guilty and responsible to pay the original penalty fee, usually with resulting insurance points added as well.

If the box for criminal (perhaps a vehicular homicide charge) is checked this means you have only 4 days in which to return the citation to the magistrate's office to request a hearing. At this magistrate hearing you will listen to the charges against you read aloud and then a bit of the case against you will be presented to show why you should be charged. The magistrate will either dismiss the charge/charges, continue the case (you will not be charged unless you are charged with another offense), or if probable cause is found a complaint will be issued by the court for you to appear before a judge for arraignment. If you receive a criminal citation and don't request a Clerk Magistrate's hearing a complaint will be automatically issued and you will receive a summons to appear before a judge for an arraignment.

The arraignment usually happens within the next 48 hours, depending on the case load of the particular court. At the arraignment the District Attorney or Assistant District Attorney may request bail or that you are not released on bail, depending on the charges against you and any prior convictions.

In certain circumstances, the District Attorney's office can proceed by way of a grand jury which can vote on indictments against you. If you are indicted you will move from the District Court level to the Superior Court where the potential for heavier penalties and longer incarcerations exists, in the State Penatentiary instead of the House of Correction.

It should be noted that in spite of the public records laws Magistrate Hearings are closed to the public in the State of Massachusetts, the only state in the U.S. where this happens. The results are only known if the magistrate decides to file charges, and then only through court records. The Mass. State law presumes that magistrate's hearings are closed unless the public or newspapers can convince the court otherwise. The Cape Cod Times states: "While the public records law does require agencies to presume all documents are public and to prove why records should not be released, the trend is the opposite. Increasingly, the public and newspapers are being forced to prove why records are public. In some cases, it takes appeals to the secretary of state's office or, ultimately, taking the agency to court."

Sue

Ref.
- Mass. RMV Drivers Manuel
- Arlington, MA Police FAQ
- Criminal Process - masscriminal-lawyers.com
- Despite laws, government secrecy grows By George Brennan staff writer Cape Cod Times