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 New Hampshire Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing is a legal document filed by the defense in a criminal case when the prosecution has failed to provide proper notice or grant a show cause hearing. This motion aims to have the charges against the defendant dismissed on grounds of due process violations. In New Hampshire, there are two types of motions that can be filed under this circumstance: 1. Motion to Dismiss Criminal Charges for Failure to Notice: This motion is filed when the prosecution fails to provide adequate notice to the defense regarding the charges and relevant court proceedings. The defense argues that without proper notice, the defendant's ability to prepare a defense is significantly hindered, infringing upon their constitutional rights. 2. Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: This motion is filed when the prosecution neglects to hold a show cause hearing, which is a court proceeding that allows the defense a chance to present arguments against the charges in question. By failing to grant a show cause hearing, the prosecution denies the defendant an opportunity to challenge the basis of the charges, thus violating their right to due process. Both motions seek the same outcome, which is the dismissal of the criminal charges due to the prosecution's failure to ensure proper notice or grant a show cause hearing. The defense argues that these failures violate the defendant's constitutional rights to due process, fair trial, and adequate time to prepare a defense strategy. It is important to note that the success of such motions depends on the specific circumstances of the case and the strength of the defense's arguments. The court will carefully consider the arguments presented by both sides before making a ruling. If the court grants the motion, the charges will be dismissed, and the defendant will be released from further criminal prosecution. In summary, a New Hampshire Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing challenges the prosecution's failure to provide proper notice or grant a show cause hearing, ultimately seeking the dismissal of the charges against the defendant. These motions rely on the constitutional rights to due process, fair trial, and adequate defense preparation.
