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.
Guam Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document that individuals or their attorneys may file in court to request the dismissal of criminal charges due to the prosecutor's failure to grant a show cause hearing. The purpose of this affidavit is to demonstrate that the prosecution has not fulfilled their obligation to provide a timely hearing, which is necessary for the defendant to challenge the validity of the charges against them. In Guam, there may be different types of affidavits related to this motion: 1. Affidavit of Defendant: This affidavit is typically filed by the defendant themselves and outlines their version of events and reasons why the charges should be dismissed. It may include details of the failure to receive a show cause hearing, supporting evidence, and any other relevant information that strengthens the argument for dismissal. 2. Affidavit of Counsel: This type of affidavit is filed by the defense attorney, providing a detailed account of the prosecutor's failure to schedule or grant a show cause hearing. It may also address the potential violation of the defendant's rights to due process and a fair trial. The affidavit highlights legal issues and presents arguments supporting the dismissal of the criminal charges. 3. Affidavit of Witnesses: In some cases, witnesses who have knowledge of the failure to grant a show cause hearing may submit their affidavits supporting the defendant's motion to dismiss. These affidavits provide first-hand accounts of the lack of a hearing or any attempts made to secure one. 4. Affidavit of Supporting Evidence: This type of affidavit is used to substantiate the claims made in the motion to dismiss. It can include any relevant documents, records, or correspondence that demonstrate the failure of the prosecution to grant a show cause hearing. When drafting a Guam Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing, it is crucial to include relevant keywords such as show cause hearing, prosecution's duty, failure to schedule, dismissal of charges, due process violation, defense arguments, defendant's rights, supporting evidence, witness affidavits, and court procedures. These keywords will help search engines and legal professionals find this specific type of affidavit and understand its purpose within the Guam legal system.
