Waltham’s Citizen Police Academy Week 4 – Arrests, Bail and Bias Training

Detective Sgt. Mark Muzyka walked citizens through the legal process following an arrest during week three of the Waltham Police Department’s Citizen Police Academy.

Muzyka, who serves as the department’s police prosecutor and court liaison, described his daily responsibility to review complaints from the previous evening to ensure there is probable cause for each arrest before bringing those cases to the courthouse for judicial proceedings.

A clerk magistrate then examines documents to confirm the elements of a crime are present and determines if probable cause exists — meaning there is more than a 50% likelihood that a crime occurred. Magistrates have broad discretion in each case, sometimes requesting additional information and deciding whether a person should face criminal charges or if they “just made a mistake.”

For misdemeanor charges, a “show cause” hearing may be held before the clerk magistrate, who will review factors such as an individual’s criminal record or restraining orders. The hearing differs from a trial: hearsay evidence is allowed, defendants do not have the right to counsel, and police may appeal decisions to a justice.

Muzyka explained that a summons is a legal document requiring an individual’s appearance in court, while a warrant, issued for more serious offenses, authorizes police to make an arrest.

Once a person is arrested, bail is available after police complete a report. Bail clerks are on duty 24/7 to set bail amounts. Those arrested for domestic violence, however, must wait at least six hours before bail can be considered.

In certain cases, a 58A “dangerousness” hearing may occur if the Commonwealth requests a judge to hold a defendant without bail for up to 120 days. At this hearing, the judge decides if bail is granted and may impose conditions like electronic monitoring or prohibiting contact with victims.

Muzyka also touched on pre-trial diversion, an alternative to prosecution that allows individuals to avoid a criminal record by completing requirements such as counseling or community service.

Later in the evening, probation officers Jake Cole and Chris Sordello described their work. Probation is a sentence in lieu of jail and may include conditions like substance abuse counseling or electronic monitoring. Probation officers conduct intake interviews, assess financial status and risk, and connect individuals to available services. Each officer monitors an average of 20 to25 regular probationers and another 70 to80 on administrative probation.

Everyone has bias

After a break, Officer Natalie Mardoyan and Detective Sgt. Patrick Dean led a discussion on Fair and Impartial Policing. Waltham officers regularly participate in mandatory bias training designed to help them understand how unconscious biases can shape policing situations.

Dean asked the group, “Who is biased?” A few raised their hands. He then told us that everybody has bias and the training helps people identify theirs.

Through interactive exercises with photos, the group explored the concept of implicit bias — unconscious favor or prejudice toward certain people. One photo depicted an elderly man described initially as “old” or “infirm,” only for participants to learn he was a champion athlete. Another image of Black teens prompted assumptions, but the subjects were revealed as Juilliard musicians.

Det. Sgt. Dean closed the session by emphasizing that bias is universal. “Who is biased?” he asked — and this time, every hand was raised.