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 Missouri Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document filed by a defendant requesting the dismissal of criminal charges due to the failure of the court to grant them a show cause hearing. This affidavit provides detailed information and supporting evidence to justify the motion. Keywords: Missouri, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing. Types of Missouri Affidavits in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. Affidavit of Defendant's Rights Violation: This type of affidavit focuses on proving that the defendant's rights have been violated due to the court's failure to grant a show cause hearing, leading to an unfair trial process. 2. Affidavit of Insufficient Evidence: This affidavit highlights the absence of sufficient evidence presented by the prosecution, thereby warranting the dismissal of criminal charges. It demonstrates the lack of justification for continuing the charges. 3. Affidavit of Prosecutorial Misconduct: This affidavit addresses instances of prosecutorial misconduct, such as withholding evidence, false statements, or illegal actions, to support the argument that the charges should be dismissed based on the court's failure to grant a show cause hearing. 4. Affidavit of Prejudice or Bias: This type of affidavit alleges unfair treatment or bias against the defendant due to the court's failure to grant a show cause hearing, potentially compromising the integrity of the judicial process. 5. Affidavit of Constitutional Violation: This affidavit argues that the court's failure to grant a show cause hearing violates the defendant's constitutional rights, such as the right to due process, fair trial, or right to confront witnesses, protecting the defendant from an unjust conviction. Each type of affidavit mentioned above can be used in a Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing in Missouri, depending on the specific circumstances of the case and the legal grounds being pursued by the defendant.
