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

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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

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FAQ

? IN GENERAL: Criminal Procedure Law § 30.30, also known as ?statutory. speedy trial,? requires the prosecution to establish its readiness for trial on an. ?offense? within a specific codified time period after the commencement of a. criminal action (which occurs, generally, by the filing of the initial accusatory).

Speedy Trial Overview in New York Section 30.30 of the New York Criminal Procedure Law says: 90 days for a Class A Misdemeanor (punished by up to 1 year in jail); 60 days for a Class B, Misdemeanor (punished by up to 90 days in jail); 30 days for a Violation (punished by up to 15 days in jail); and.

A case gets dismissed through the C.P.L. 30.30 speedy trial statute when the prosecution is not ready for trial within the following number of days: 30 days (non-criminal violations); 60 days (Class B misdemeanors);

CPLR 3211(a)(7) provides: "A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: . . . the pleading fails to state a cause of action . .. ." . . . either party may submit any evidence that could properly be considered on a motion for summary judgment ....

Most people on parole will earn 30 days of time credit for every 30 days in the community. That means if a person on parole has no sustained violations for 30 days, they will have 30 days taken off their parole sentence.

Criminal Procedure Law § 30.30 says that the prosecution must announce readiness for trial within certain time periods. Generally speaking, they have six months for a felony, 90 days for a misdemeanor, and 30 days for a violation.

The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.

The Order to Show Cause tells the other side of the nature of the request and states the date, time and location where the request will be made. The Order to Show Cause often contains a direction to the parties that they stop some specific activity until the court hears or decides the motion.

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