SHOW CAUSE HEARINGS
A “Show Cause Hearing," also called a Magistrate's Hearing, is conducted in the District Court, before a magistrate (an official who functions as a judge in certain legal matters), to determine whether to issue a Complaint against someone who has been accused of a crime. That accusation is first presented to the Clerk's Office in the District Court in the form of a written Application for Complaint. Usually the Application is presented by a police officer. Most often the crime charged is a misdemeanor, which means there is no possibility of a state prison sentence, but there is a possibility of incarceration in a jail or House of Correction. The Application may request a Complaint for felony charges (crimes which can be punished by a state prison sentence).
If the person accused in the Application has already been arrested, there will not be a “show cause” hearing and the Complaint will issue almost automatically. But if the person has not been arrested, a “show cause” hearing may be scheduled. If only misdemeanor charges are sought, a “show cause” hearing must be conducted. A “show cause” hearing on felony charges may (or may not) be scheduled depending on various considerations. In any case, if a hearing is scheduled, the accused person will receive a Notice by mail and will be entitled to attend the hearing and to contest the issuance of a Complaint by giving his own testimony before the magistrate, by presenting other witnesses, or simply by giving reasons why the Complaint should not issue.
If you have received such a Notice, you would do well to seek the advice of a criminal lawyer. Depending upon the nature of the charges specified in the Notice, the assistance of a criminal lawyer could be very important. A criminal lawyer will help you decide what to do in preparation for the hearing. At the show cause hearing, you have a right to be represented by a defense lawyer, who will present your case to the magistrate.
Copyright 2014
Russell J. Redgate