Show-cause hearings occur when the alleged victim of a crime or the police files an Application for a Criminal Complaint with the court. After an application has been filed, the court will send the defendant a notice in the mail requesting him or her to appear before a clerk-magistrate in a criminal show-cause hearing. At a show-cause hearing, the complaining party must produce evidence demonstrating "probable cause" that the defendant committed the crime. The hearing has three possible outcomes: 1) the complaint is dismissed; 2) the complaint is issued, or 3) the complaint is continued.
If the complaining party fails to show probable cause, the complaint will be dismissed. This means that no charges will be filed against the defendant and neither the application nor the hearing outcome will appear on the defendants criminal record.
If probable cause is shown, the clerk-magistrate may decide that the complaint be issued. If the complaint is issued, the defendant will be arraigned in the district court. At arraignment the defendant will be formally charged with a crime and may be provided court-appointed counsel if he or she is financially eligible. Issuance of the complaint is not a determination of guilt or innocence, but the charges will appear on the defendants criminal record.
Drop charges for domestic violence refers to a legal process in which the charges filed against an individual for domestic violence are dismissed or withdrawn by the prosecution. This is a significant step in the criminal justice system that occurs when the prosecution decides not to proceed with the case due to various reasons such as lack of evidence, witness credibility issues, victim's request, or a plea agreement. There are several types of drop charges for domestic violence, including: 1. Noble Prose: This Latin term is commonly used in the legal system and means "will no longer prosecute." When the prosecution declares nolle prosequi, they are essentially dropping the charges against the accused. This can occur if new evidence emerges that weakens the case or if the victim refuses to testify. 2. Victim's Request: In some cases, the victim of domestic violence may request the charges to be dropped. While the prosecution will still consider other factors, the victim's opinion holds significance, especially if they believe dropping the charges is in their best interest. 3. Lack of Evidence: If the prosecution determines that there is insufficient evidence to prove the accused's guilt beyond a reasonable doubt, they may choose to drop the charges. This can occur when witnesses are not credible or available, or when crucial physical evidence is lacking. 4. Plea Agreement: In certain situations, the prosecution and defense may negotiate a plea agreement. This occurs when the accused agrees to plead guilty to a lesser charge or undergo rehabilitation programs, in exchange for dropping the original domestic violence charges. It is important to note that drop charges for domestic violence does not mean the incident did not occur or that the accused is innocent. The decision to drop the charges is solely based on the circumstances of the case and the evaluation by the prosecution. It is crucial to consult a legal professional to fully understand the implications of drop charges and to ensure the protection of all parties involved.
