A clerk’s hearing, also known as a show cause hearing usually follows a misdemeanor offense. The accused usually receives notice of the upcoming hearing via mail.
At a hearing the clerk will hear from both sides before making a determination as to whether or not there is sufficient evidence to move forward with the case. If the clerk finds there is enough evidence to bring a criminal case against the defendant, charges are immediately filed. The standard to allow a case to proceed is very low.
A clerk’s hearing is the most favorable time to challenge the state’s case. If dismissed at this level or “prior to filing”, eliminates any paper trail. Bringing an attorney to this hearing is the first step towards making the matter go away permanently. If your attorney is able to persuade the clerk not to proceed, there will be no record of the potential criminal charges you were facing.
If you are facing a clerk’s or show cause hearing, do not go it alone,
Call Attorney Martin today 617-657-4529