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

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Multi-State
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US-02611BG
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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

In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.

The C4 motion to dismiss contemplates a circumstance where all of the facts are agreed upon by the parties, but at the same time, the parties cannot agree whether or not those facts actually constitute the commission of a crime.

Under Rule 3.190, a Motion to Dismiss can be filed for a multitude of reasons, including, but not limited to, statute of limitations violations, pardons, failures to establish a prima facie case of guilt (factual insufficiencies), double jeopardy, prosecutorial immunity, discovery violations, prosecutorial misconduct, ...

Florida Statute 440.20(4) provides an answer: ?[i]f the carrier is uncertain of its obligation to provide benefits or compensation, the carrier shall immediately and in good faith commence investigation of the employee's entitlement to benefits under this chapter and shall admit or deny compensability within 120 days ...

1988 Amendment. Subdivision (j) has been added to require plaintiffs to cause service of original summons within 120 days of filing the complaint absent good cause for further delay.

Process. (a) Summons; Issuance. Upon the commencement of the action, summons or other process authorized by law shall be issued forthwith by the clerk or judge under the clerk's or the judge's signature and the seal of the court and delivered for service without praecipe.

When an order to show cause is issued, the court orders a party to appear before a judge to explain why a specific action should or should not be taken. In other words, the party whom the order is filed against must ?show cause? why the court should not grant the relief sought by the petitioning party.

Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.

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