Alabama Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing

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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

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FAQ

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.

What is Probable Cause in Alabama? Probable cause means the police officer has reasonable justification to search your car. They should have a firm and reasonable belief that they will find evidence of a crime in your car when pulling you over. Probable cause is largely subjective.

A preliminary hearing is a probable cause hearing. There is no jury, just the judge who decides if there is enough evidence to bind the case over to wait for the grand jury's action.

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.

If you are in custody, you will be brought to court within 72 hours of your arrest for your First Appearance or 72-Hour Hearing. At this court date, the judge will state the charges pending against you and the amount of your bail. You will be represented by a public defender at this hearing.

It is very unlikely that a preliminary hearing will lead to a case being dismissed because the prosecutor must only prove probable cause during the hearing. Likewise, the State of Alabama may introduce hearsay and other evidence that would not be admissible at trial as well.

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 ...

Under Alabama law regarding criminal procedure, and unless otherwise provided in the Alabama Code, the prosecution of all misdemeanors in a circuit or district court must be commenced within 12 months after the commission of the offense. See Alabama Code § 15-3-2.

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Alabama Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing