Received a Summons for a Clerk’s Hearing?
If you have received a summons in the mail directing you to attend a clerk magistrate’s hearing, you need to know:
(1) what happens at a clerk magistrate’s hearing (also called a clerk’s hearing), and
(2) how Attorney Lown can protect your rights at this hearing.
Example of what a summons looks like:
What Is a Clerk Magistrate’s Hearing?
At a clerk magistrate’s hearing, a clerk determines whether a criminal complaint should issue against the accused person. Usually the police did not witness the alleged crime and the accused person was not arrested. It is just the accuser’s word that initiates the process.
If you fail to attend the clerk’s hearing at the date and time indicated on the summons, the clerk may issue the complaint against you in your absence.
The Clerk Must Find Probable Cause
To decide whether or not the complaint should issue, the clerk must determine whether there is “probable cause” to issue the complaint. Many clerks assume that “probable cause” is a low standard, however our state supreme court has defined probable cause as “something definite and substantial,” which “is more than a [mere] suspicion of criminal involvement.”
The Applicant Must Show Probable Cause for Every Element
Every crime includes “elements.” Elements are all of the things which the prosecution must prove. At the clerk magistrate’s hearing, the applicant must show that there is probable cause for each and every element of the alleged crime. If evidence is lacking on any element, Attorney Lown will argue that the complaint should not issue.
“Continuance and Compliance” May Be an Option
A clerk also has the option of putting the complaint off for a period of time, usually six months or a year, conditioned upon the parties resolving their dispute or there being no more problems between the parties. This is sometimes referred to as “continuance and compliance.”
Screening Minor Matters Out of the Criminal System
In addition to arguing that there was no probable cause for the complaint, there are other ways to prevent the complaint from issuing. For example, if it is a fairly minor matter, particularly one in which no one was hurt, our state supreme court has said that the clerk may “screen a variety of minor criminal or potentially criminal matters out of the criminal justice system through a combination of counseling, discussion, or threat of prosecution.”
This becomes especially important when the accuser changes their mind and tells the clerk that they are not interested in pursuing the case. It is also useful where the issue is really one that should be brought as a non-criminal lawsuit, such as a contract dispute. In these situations, Attorney Lown will argue to the clerk that the clerk should not issue the complaint.
PRIOR CASE
Attorney Lown Wins Clerk Magistrate Hearing
The victory was achieved through Attorney Lown’s cross-examination of the accuser and a brief argument to the Clerk Magistrate. The Clerk recognized that the accusations did not hold water and that they actually stemmed from a child custody dispute. This was a family issue, not a criminal matter. The clerk determined not to issue a criminal complaint against Lown’s client.
Clerk Magistrate Hearing FAQ
What happens if I don’t attend my clerk’s hearing?
If you fail to attend at the date and time indicated on the summons, the clerk may issue the complaint against you in your absence.
Is a clerk’s hearing the same as an arraignment?
No. A clerk magistrate’s hearing is a screening stage where the clerk decides whether a criminal complaint should issue.
Does the clerk automatically issue the complaint?
No. The clerk must determine whether there is probable cause, and the applicant must show probable cause for each element of the alleged offense.
Can the clerk resolve a minor matter without issuing a complaint?
In some minor matters, the clerk may screen issues out of the criminal system through “counseling, discussion, or threat of prosecution,” depending on the circumstances.
What is “continuance and compliance”?
It’s when the clerk puts the complaint off for a period of time—often six months to a year—conditioned on resolution of the dispute or no further problems.
Protect Yourself Before a Complaint Issues
Attorney Lown can protect your rights at a clerk magistrate’s hearing. Attorney Lown can argue that the complaint should not issue against you. Even if the complaint issues, the hearing provides valuable information to use in your defense.
A clerk magistrate’s hearing is a critical opportunity to prevent a criminal complaint from issuing and to protect your rights early in the process. Lown Law Firm can prepare you for the hearing, challenge the accusations, and argue for the best possible outcome.