a juvenile was charged with a felony

A hearing before a clerk magistrate is a hearing to determine whether there is probable cause to issue the complaint. Probable cause means that it is more likely than not that a crime was committed and more likely than not that the juvenile defendant committed the crime. The standard is much lower than beyond a reasonable doubt.

At the hearing, the police, or sometimes a citizen who applies for a complaint, present evidence, either by live witnesses or the reading of a police report, to support evidence that there is probable cause. Because this is not a trial but a clerk's hearing, there are no rules of evidence and hearsay is admissible.

A juvenile may cross examine the witnesses if permitted to do so by the clerk magistrate. He or she may present his or her own witnesses and evidence and may testify. The decision to testify is an important decision, especially since the complaint may issue anyway and any statements made may be used against the juvenile later.

The hearing is an opportunity to argue that the police have not established probable cause for the crimes alleged and it is also an opportunity to negotiate with the police. The clerk has the authority to dismiss the application for a delinquency complaint even if there is probable cause, or keep it open to a further date, to be dismissed if certain conditions are met, if the police agree.

The hearing is the only opportunity to keep a delinquency complaint, and a juvenile record of an arraignment, from occurring.

I often practice in Quincy Juvenile Court.

A hearing before a Clerk Magistrate means that the police have applied for a criminal complaint but both the accused defendant and the police are going to have a chance to present their side to a Clerk Magistrate who will determine if it is more likely than not that a crime was committed (probable cause). This is a much lower standard than at a criminal prceeding where it is proof beyond a reasonable doubt necessary to convict. I strongly recomend getting a good criminal defense attorney involved at this level. You only have one chance to stop the criminal complaint from even issuing and this is it. If it can be quashed here, it never even goes on the CORI (criminal history record). It is typically less money for a good attorney at this level also since it is only one appearance and there are no rulesof evidence to deal with. If you need assistance or representation call us. Our contact information is available through my web site. Good luck.

Hi,
If there is a hearing before a clerk, the Police Department/Commonwealth must provide probable cause that a felony occurred. If you would like an attorney at this hearing, you will need to hire one, as the right to counsel does not attach.

I would recommend hiring a lawyer. I am in Quincy Juvenile and Quincy District on a regular basis and if you have any more specific questions I would be happy to answer them.

Jessica