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The Law of Clerk-Magistrate Hearings in Massachusetts: Your Rights, the Statutes, and Case Law

In Massachusetts, a clerk-magistrate hearing, also called a show cause hearing, is a pre-arraignment procedure designed to determine if there is sufficient probable cause to issue a criminal complaint. The primary purpose of these hearings is to allow the court clerk to screen some criminal matters out of the justice system. Defendants facing allegations in Eastern…

Defending Student Fake ID Charges: BPD Enforcement and the Clerk-Magistrate Hearing

College students across Boston use fake IDs to enter a bar or purchase alcohol. It is reasonably viewed as a harmless ritual and a ticket to a fun night out. The Boston Police Department (BPD) and the local courts, particularly the Boston Municipal Court, do not share this view. A student caught with a doctored driver’s…

No Ghost in the Machine: Why a “Failed” Breathalyzer Does Not Equal an OUI Conviction in 2026

If you took a breathalyzer test at a Massachusetts police station and registered a Blood Alcohol Content (BAC) of .08 or higher, the police and the prosecutor will treat the case as if it is already over. They rely on the psychological weight of that number to force defendants into accepting a “Continuance Without a…