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Affidavit in Support of Motion to Dismiss Criminal Charges for...

Nebraska Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing

Category:

Affidavits - Criminal

State:

Multi-State

Control #:

US-02610BG

Format:

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 innocence, but the charges will appear on the defendants criminal record.

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How to fill out Affidavit In Support Of Motion To Dismiss Criminal Charges For Failure To Grant Show Cause Hearing?

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FAQ

You are free to change your mind and ask the court to dismiss the protection order or the request for renewal. However, the judge decides whether it will be dismissed to make sure that you were not forced to change your mind. Until the judge dismisses the order it is still valid.

The judge enters a default judgment in favor of the plaintiff in cases where the defendant receives a copy of the plaintiff´s claim form but fails to show up in court at the time set for trial.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

In order to qualify for treatment as a motion to alter or amend a judgment, a motion must be filed no later than 10 days after the entry of judgment and must seek substantive alteration of the judgment.

For judgments and written contracts, there is a five-year statute of limitations. The following chart lists additional time limits for various civil actions in Nebraska.

If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.

The Order to Show Cause tells the other party when to appear in court to show why they should not be held in contempt for disobeying the court order previously entered for visitation.