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 Missouri Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing is a legal procedure that individuals can file in Missouri courts when their constitutional rights to due process have been violated. This motion seeks dismissal of criminal charges on the basis that the entire legal process has been flawed due to the failure of the prosecution to provide proper notice or grant a show cause hearing. In Missouri, there are various types of motions to dismiss criminal charges for failure to notice and grant show cause hearings. Some of these include: 1. Failure to Notice Hearing Motion: This type of motion is filed when the defendant believes that the prosecution did not provide proper notice of the charges against them. This can include situations where the defendant was not properly served with a summons or complaint, or if the notice did not contain necessary information, such as the specific charges or the date and time of the show cause hearing. 2. Failure to Grant a Show Cause Hearing Motion: This motion is filed when the accused claims that the prosecution failed to grant them a show cause hearing. A show cause hearing is an opportunity for the defendant to present their case and provide justifiable reasons why the charges should be dismissed. If the prosecution denies the defendant this opportunity without valid reasons, it can be grounds for dismissal. 3. Violation of Due Process Motion: This type of motion argues that the failure to notice or grant a show cause hearing violates the defendant's constitutional right to due process. Due process guarantees individuals a fair and impartial legal proceeding, which includes being notified of the charges against them and having an opportunity to defend themselves. If this fundamental right is violated, the defendant can seek dismissal of the charges. 4. Ineffective Assistance of Counsel Motion: If the defendant believes that their attorney failed to provide proper legal representation and did not adequately protect their rights regarding notice and show cause hearings, they may file an ineffective assistance of counsel motion. This motion asserts that the attorney's incompetence or errors resulted in the defendant not being properly informed or granted a hearing. Overall, a Missouri Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing aims to secure the defendant's rights to due process when there have been procedural errors or misconduct by the prosecution or defense counsel. By filing these motions, individuals can seek justice and ensure that their legal proceeding is fair and impartial.
