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
A Kentucky Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing refers to a legal motion that can be filed by a defendant in a criminal case. It is typically used when a defendant believes that they have not been provided proper notice of their charges or have been denied a fair hearing to present their case. This motion aims to dismiss the criminal charges against the defendant on grounds of these alleged procedural deficiencies. In Kentucky, there are no specific types of motions to dismiss criminal charges solely for failure to notice and grant show cause hearings. However, variations of this motion can be adapted to address specific circumstances or legal requirements. Here are some relevant keywords and sections that could be included in the content: 1. Notice requirements: The motion may argue that the defendant did not receive adequate notice of the criminal charges against them. This can include lack of specific information about the charges, failure to adhere to statutory notice periods, or non-compliance with specific notification processes. 2. Show cause hearing: A critical element of the motion is asserting that the defendant was denied the right to present their case through a show cause hearing. A show cause hearing provides an opportunity for the defendant to demonstrate why the charges should be dismissed based on procedural defects, lack of evidence, or other legal grounds. 3. Burden of proof: The defendant may argue that the burden of proof for proving the failure to notice and grant show cause hearing lies with the prosecution. They can emphasize the importance of ensuring fundamental fairness in criminal proceedings. 4. Due process violations: This type of motion may assert violations of the defendant's constitutional right to due process. It can argue that failure to provide proper notice and grant a show cause hearing infringes upon the defendant's right to be heard and defend against the charges. 5. Case law and legal arguments: The motion may cite relevant case law to support its arguments. By referencing previous court decisions, the motion can demonstrate how similar situations have been resolved or provide legal precedent for dismissing charges based on procedural errors. It is important to note that the content and specific legal arguments in a motion to dismiss criminal charges for failure to notice and grant show cause hearing will vary based on the unique circumstances of each case. Defendants should consult with their attorney to assess the relevant legal grounds and develop a motion tailored to their specific situation.
