Alabama Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing

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Multi-State
Control #:
US-02610BG
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Word; 
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Description

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.

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FAQ

The District courts of Alabama are a trial court of ?limited jurisdiction.? The original civil jurisdiction of the district courts of Alabama, concurrent with the circuit court, shall include all civil actions in which the matter in controversy does not exceed $20,000 and all civil actions based upon unlawful detainer.

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.

For example, the Alabama statute of limitations is six years for oral and written contract cases, two years for personal injury matters, and six years for property damage cases. Other limitations periods exist, depending on the type of action. If you don't file within the proper period, you lose your right to sue.

cause hearing is usually required in cases where an emergency or temporary order was put into place without a hearing. The purpose of the showcause hearing is to allow each party to the case to present their evidence and either reaffirm or refute the accusations made in the emergency application.

Designed to settle disputes between individuals as well as businesses. The maximum amount an individual or other entity may sue or be sued for is $6,000.

Motion to Dismiss?Rule 12(b). A defendant may move to dismiss a complaint for a variety of reasons. Some common grounds for dismissal are lack of jurisdiction over the subject matter and failure to state a claim upon which relief may be granted. Sometimes a defendant files a motion to dismiss before filing an answer.

FEE CHART Fee DescriptionFee at FilingFiling Fee (One defendant) - Up to $1,500.00$52.00 *Filing Fee (One defendant) - $1,500.01 to $3,000.00$126.00 *Filing Fee (One defendant) - $3,000.01 to $6,000.00$215.00 *Additional Defendant$10.00 each *6 more rows

If you still do not pay the plaintiff the money that you ONe him, he may have your wages garnished (withheld) from your pay check in order to collect his money, or the plaintiff may file an Execution against any property that you have, and the sheriff may sell that property in order for the plaintiff to collect his ...

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Alabama Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing