Filing of application for complaint and first offense determination

1. The application for complaint alleges a single minor misdemeanor or multiple minor misdemeanors from one single incident The clerk-magistrate shall dismiss the complaint for lack of jurisdiction. The dismissal shall be noted on the docket of the application for complaint using the docket code designated by the Administrative Office of the Juvenile Court. 2. The application for complaint alleges a major misdemeanor and/or felony The clerk-magistrate shall schedule a clerk’s hearing if the complaint alleges a major misdemeanor, shall schedule a clerk’s hearing if the complaint alleges a felony only if such a hearing is requested by law enforcement, and may schedule a clerk’s hearing in other circumstances consistent with G.L. c. 218, § 35A . 3. The application for complaint alleges a combination of one or more minor misdemeanors and one or more major misdemeanors or felonies from one single incident The clerk-magistrate shall dismiss the minor misdemeanors as a first offense and shall determine whether process shall issue in the normal course on the other offense(s). The dismissal of the minor misdemeanors shall be noted on the docket of the application for complaint using the docket code designated by the Administrative Office of the Juvenile Court. 4. A single application for complaint alleges multiple offenses from separate incidents, and the major misdemeanors and/or felonies arose out of an incident that occurred before the incident where the minor misdemeanors occurred The Commonwealth may determine to keep the minor misdemeanors in the pre- arraignment phase and proceed on the major misdemeanors and/or felonies only. If, following arraignment, the Commonwealth proves the major misdemeanors and/or felonies, the Commonwealth may then seek to arraign on the minor misdemeanor(s) without holding a Wallace W. hearing. A prior charge shall be considered “proven” if it resulted in an adjudication of delinquency, youthful offender, or continued without a finding after a plea of delinquency or a verdict of delinquency. 5. A single application for complaint alleges multiple offenses from separate incidents, and the minor misdemeanors arose out of an incident that occurred before the incident where one or more major misdemeanors and/or felonies occurred The clerk-magistrate shall dismiss the minor misdemeanors as a first offense and shall determine whether process shall issue in the normal course on the other offense(s). The dismissal of the minor misdemeanors shall be noted on the docket of the application for complaint using the docket code designated by the Administrative Office of the Juvenile Court.