Connecticut 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

Make copies and file the original Appearance form with the clerk's Office. Make a copy of the signed form for your own records and file the original with the Clerk's Office in the court where the case is filed. Make copies to send to the other parties in the case.

Putting your name and address on file allows the Court to mail notices of court dates and court rulings to you at the address on file. It also gives other parties and attorneys an address to send paperwork to you. Court rules state that defendants should file an appearance within 2 days after the Return date.

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for one day's attendance and the mileage allowed by law.

You must file an "Appearance" Form (JD-CL-12) with the court clerk's office. It includes your name, address, telephone number, and signature. It tells the court that you are representing yourself. Filing it allows the court to contact you about all court events in your case.

After you have gotten the paperwork back, you have to have the subpoena delivered to, or served on the person by a State Marshal. The Clerk's Office or the Court Service Center can give you a list of State Marshals. The State Marshal will charge you a fee for delivering the subpoena.

These grounds can include, but are not limited to: forum non conveniens, meaning it is more appropriate for another court to hear the case; prior pending action, meaning a case between the parties on the same matter is already happening; or in a medical malpractice case the Certificate of Good Faith not being properly ...

TO MODIFY AN ORDER: If case was originally filed through DSS, call the Judicial Branch's Support Enforcement Services Child Support Call Center ? 1-800-228-KIDS (5437) If the case was originally filed directly at the court, call the Superior Court where the case was filed.

Any person who has been arrested with or without a warrant for commission of a misdemeanor, or for an offense the penalty for which is imprisonment for not more than one year or a fine of not more than one thousand dollars, or both, may, in the discretion of the arresting officer, be issued a written complaint and ...

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