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

State:
Multi-State
Control #:
US-02611BG
Format:
Word; 
Rich Text
Instant download

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

Free preview
  • Preview Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing
  • Preview Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing
  • Preview Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing

How to fill out Motion To Dismiss Criminal Charges For Failure To Notice And Grant Show Cause Hearing?

You are able to spend hours online trying to find the legitimate record format that meets the state and federal demands you need. US Legal Forms offers thousands of legitimate varieties that happen to be analyzed by specialists. You can easily download or print the Mississippi Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing from my assistance.

If you currently have a US Legal Forms account, you may log in and click the Down load key. Following that, you may comprehensive, revise, print, or indication the Mississippi Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing. Every legitimate record format you buy is your own forever. To acquire another backup associated with a acquired develop, go to the My Forms tab and click the related key.

If you work with the US Legal Forms web site the first time, stick to the easy guidelines below:

  • Initially, make sure that you have selected the best record format for the region/area of your choosing. See the develop outline to make sure you have picked out the correct develop. If accessible, take advantage of the Review key to check through the record format too.
  • If you wish to locate another model of the develop, take advantage of the Research field to obtain the format that meets your requirements and demands.
  • Once you have found the format you desire, click Get now to continue.
  • Choose the pricing program you desire, key in your qualifications, and sign up for your account on US Legal Forms.
  • Total the purchase. You may use your credit card or PayPal account to purchase the legitimate develop.
  • Choose the format of the record and download it to your device.
  • Make changes to your record if possible. You are able to comprehensive, revise and indication and print Mississippi Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing.

Down load and print thousands of record templates using the US Legal Forms website, that provides the greatest assortment of legitimate varieties. Use expert and express-specific templates to handle your small business or person requires.

Form popularity

FAQ

Under the speedy trial statute, the prosecution has 270 days AFTER arraignment to bring a case to trial; however, under the Mississippi and U.S. Constitutions, that time frame can be significantly shorter.

Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. When arraignment cannot be held within the time specified because the defendant is in custody elsewhere, it shall be held as soon as possible.

(a) When a defendant has been detained in custody or held to bail for the defendant's appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not ...

A: Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if evidence has been lost ...

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

If the judge elects to hold a probable cause hearing, parties testifying shall do so under oath and the accused shall have the right to enter an appearance, be represented by legal counsel at his own expense, to hear the accusations and evidence against him, and may present evidence or testify in his own behalf.

Chapter 17 - Trial. § 99-17-1. Indictments to be tried within 270 days of arraignment. Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.

Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...

Trusted and secure by over 3 million people of the world’s leading companies

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