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 New Hampshire Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document filed in court by a defendant or their attorney seeking the dismissal of criminal charges on the grounds that the court failed to grant a show cause hearing. In New Hampshire, a show cause hearing is a proceeding where the court determines whether there is sufficient evidence to proceed with the criminal charges. It allows the defendant to present evidence or arguments against the charges before the case proceeds to trial. If the court fails to grant a show cause hearing or denies the defendant's request, the defendant can file an affidavit in support of a motion to dismiss the criminal charges. Keywords: New Hampshire, Affidavit, Motion to Dismiss, Criminal Charges, Failure to Grant, Show Cause Hearing. There are several types of New Hampshire Affidavits in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. Affidavit of Defendant: This affidavit is typically filed by the defendant themselves, outlining the facts and reasons why their charges should be dismissed due to the court's failure to grant a show cause hearing. 2. Affidavit of Defendant's Attorney: This affidavit is filed by the defendant's attorney on behalf of the defendant. It presents arguments and legal reasoning for the dismissal of charges based on the court's failure to grant a show cause hearing. 3. Affidavit of Witnesses: In some cases, witnesses who were present during the alleged offense or have relevant information can file an affidavit in support of the Motion to Dismiss. They provide testimony or evidence that further supports the defendant's claim for dismissal. 4. Affidavit of Legal Expert: In complex cases or situations that involve legal technicalities, a legal expert may file an affidavit in support of the Motion to Dismiss. This affidavit provides an expert opinion on the court's failure to grant a show cause hearing and its impact on the fairness of the criminal proceedings. These different types of affidavits are aimed at strengthening the defendant's position and presenting persuasive arguments to convince the court to dismiss the criminal charges due to the failure to grant a show cause hearing.
