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

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US-02611BG
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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

The Petition must be served on the defendant(s) along with a Summons. The Summons is issued by the Court Clerk and provides notice to the defendant(s) that they have been sued and directs them to respond by filing an Answer within twenty (20) days of the date they receive the Summons and Petition.

Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed.

FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.

In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence.

The purpose of Rule 4 is to establish rules of ethical conduct for state officers and employees by prohibiting conflicts between their public duties and private economic interests.

If it appears to the court that there is no substantial controversy as to the material facts and that one of the parties is entitled to judgment as a matter of law, the court shall render judgment for said party.

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