The typical misdemeanor criminal case in Massachusetts district court begins when police submit an “application for criminal complaint” at the clerk’s office.
If the clerk-magistrate determines that there is probable cause in the application (and its accompanying police report), a complaint will issue and the defendant will be summoned to court for arraignment. (Once you are arraigned the charges will appear on your criminal record.)
Often the defendant has a legal right to oppose the issuance of the complaint which the court may ignore unless the defendant raises the issue.
According to M.G.L. c. 218, Section 35A,
the person against whom such complaint is made, if not under arrest for the offense for which the complaint is made shall…be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint unless there is an imminent threat of bodily injury, of the commission of a crime, or of flight from the commonwealth by the person against whom such complaint is made.
The defendant’s right to oppose the issuance of a misdemeanor criminal complaint was reaffirmed by the Appeals Court in Commonwealth v. Tripolone. In that case, the Appeals Court ruled that a person named as defendant in a misdemeanor complaint, who is not under arrest, is entitled to notice and a hearing on the issuance of process thereon in accordance with G. L. c. 218, s. 35A, and a District Court judge correctly dismissed without prejudice a complaint for violation of a G. L. c. 209A protective order that had issued without such notice and opportunity for hearing.
According to the Appeals Court,
the implicit purpose of the s. 35A hearings is to enable the court clerk to 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
If you believe that the court has ignored your right to challenge the issuance of a complaint, you should file a motion to dismiss your case.