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

State:
Multi-State
Control #:
US-02610BG
Format:
Word; 
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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 innocence, but the charges will appear on the defendants criminal record.

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FAQ

Eighth: The purpose of the preliminary hearing is to establish probable cause that a crime was committed and probable cause that the defendant committed the crime. Ninth: The preliminary hearing must be set within nine (9) months from the initial appearance of the defendant.

The affidavits that are filed by either party shall be made on personal knowledge, shall show that the affiant is competent to testify as to the matters stated therein, and shall set forth matters that would be admissible in evidence at trial.

(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing.

If the prosecution presents evidence that is weak or inconclusive, the judge may find that there is insufficient evidence to convict the defendant. For example, if a witness's testimony is inconsistent or unreliable, it may not be enough to prove the defendant's guilt.

In addition to a demurrer to the indictment or information, as provided in Section 504 of Title 22 of the Oklahoma Statutes, the defendant may file a motion to quash for insufficient evidence in felony cases after preliminary hearing.

Insufficient evidence is a negative defense, which means that the defendant asserts by implication (silence) or by testimony, that she did not commit the alleged offense, or that the prosecutor cannot prove that she committed the alleged offense.

Oklahoma law allows a criminal defendant to file a Motion to Quash for insufficient evidence in felony cases after a preliminary hearing.

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