Retaining an attorney to represent you at a show cause or clerk magistrate hearing might be the best money you ever spend. Not everyone is entitled to a show cause hearing, but if you receive notice of such a hearing it can be an opportunity to avoid a criminal charge entirely. The court cannot issue a complaint for some minor criminal charges without giving you a right to be heard in opposition. You can and should hire an attorney to represent you at a show cause hearing.
Resolving your case at the show cause stage means the allegation will never appear on your record, you will never be arraigned in court, and you will never face the possibility of jail or probation on the charges.
Cases are sometimes dismissed at a show cause hearing because there’s just not enough evidence to support a criminal charge. Other times, the Clerk Magistrate may be persuaded to dismiss the request for criminal charges with the payment of court costs or after a period of time if there are no further allegations made against you. The party requesting the criminal charge (usually the police, but it can be a private individual) must agree to this kind of resolution.
Our attorneys know how to handle show cause hearings. We can evaluate the application for criminal complaint to determine if you have an argument that the police or individual asking for criminal charges doesn’t have enough evidence. Our attorneys can also assess whether the Clerk Magistrate and police would be likely to agree to informal resolution even if there is enough evidence to bring charges in court. If you retain an attorney from Elkins, Auer, Rudof & Schiff, you will walk into your show cause hearing with a very good idea of what to expect and a reliable prediction of how it is likely to turn out for you. Having an attorney with you at a show cause hearing will bring you invaluable peace of mind and, very possibly, a better result than you could have ever obtained for yourself.