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.
The New York Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document used to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit serves as a supporting document for the motion, providing detailed information and arguments to convince the court to dismiss the charges. Keywords: New York, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing Types of New York Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. Affidavit of Facts: This type of affidavit outlines the factual information relevant to the case, including details about the alleged failure to grant a show cause hearing and its implications on the defendant's rights. 2. Affidavit of Legal Arguments: This type of affidavit focuses on the legal arguments supporting the motion to dismiss. It highlights constitutional rights, proper legal procedures, and the importance of a fair and impartial judicial process. 3. Affidavit of Prejudice: In some cases, the affidavit may discuss any prejudice or harm suffered by the defendant due to the failure to grant a show cause hearing. This type of affidavit aims to demonstrate the negative impact on the defendant's rights and the potential injustice caused by this failure. 4. Affidavit of Witnesses: If there were witnesses present during the events leading to the failure to grant a show cause hearing, this type of affidavit can be used to present their statements and support the motion to dismiss. 5. Affidavit of Counsel: This type of affidavit is provided by the defendant's legal counsel and includes their professional opinion and expertise. It outlines the attorney's arguments, legal research, and case analysis, supporting the motion to dismiss. Use of these affidavits, depending on the circumstances of the case, can strengthen the motion to dismiss criminal charges for the failure to grant a show cause hearing in New York. Through comprehensive and persuasive content addressing the legal and factual aspects of the case, the affidavits aim to convince the court to dismiss the charges and ensure a fair trial.
