Louisiana 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

701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.

(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.

A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that: (1) The offense charged is not punishable under a valid statute; (2) The indictment does not conform with the requirements of Chapters 1 and 2 of Title XIII; (3) Trial for the offense charged would ...

Within 60 days if the defendant is not continued in custody for a misdemeanor charge; Within 120 days if the defendant is continued in custody for a felony charge; Within 180 days if the defendant is not continued in custody for a felony charge.

A rule to show cause is a kind of motion. A motion asks the Court to do something. The Court acts by entering an order. Before the Court will enter most types of orders, the Court will first have a hearing where both sides are allowed to present evidence and make arguments on their own behalf.

Beginning Formal Prosecution If you arrested for a misdemeanor and unable to post bond, the State has 45 days to formally charge you with a crime. The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole.

In the civil law of Louisiana : an exception pleaded by a defendant especially on the basis that the law provides no remedy for the injury the plaintiff alleges, that the claim is barred by res judicata or prescription, or that an indispensable party has not been joined.

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