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.
A Minnesota Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document used in criminal proceedings in the state of Minnesota. This affidavit is filed by the defendant or their legal representative to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. In this affidavit, the defendant outlines the reasons why they believe the criminal charges should be dismissed based on the court's failure to provide a show cause hearing. A show cause hearing is typically scheduled to allow the defendant an opportunity to present evidence or arguments to challenge the validity of the charges brought against them. It is essential to mention that there are various types of Minnesota Affidavits in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing, depending on the specific circumstances and process followed in the court system. Some of the most common types include: 1. Affidavit for Failure to Timely Schedule a Show Cause Hearing: This affidavit is utilized when the court fails to schedule a show cause hearing within the designated timeframe required by the law or if there has been an unreasonable delay in scheduling the hearing. 2. Affidavit for Failure to Conduct a Proper Show Cause Hearing: This type of affidavit is filed when the court has scheduled a show cause hearing but fails to conduct it in accordance with the established legal procedures. This may include instances where the defendant was denied the opportunity to present evidence, cross-examine witnesses, or present their arguments effectively. 3. Affidavit for Failure to Consider the Evidence Presented at the Show Cause Hearing: This affidavit is filed when the court disregards or fails to consider the evidence or arguments presented by the defendant during the show cause hearing. It asserts that the court's decision to proceed with the criminal charges was based on incomplete or inaccurate information. In summary, a Minnesota Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document that provides the defendant an avenue to request the dismissal of criminal charges due to the court's failure to hold or properly conduct a show cause hearing. By filing this affidavit, the defendant seeks to establish that their constitutional rights and due process have been violated, warranting the dismissal of the charges brought against them.
