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

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Multi-State
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US-02611BG
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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

PFA orders generally do, on the other hand, leave a discoverable court record, even though that record is a civil filing rather than a criminal history. And while the PFA itself wouldn't ordinarily last for anything more than three years, the civil filing would usually last in perpetuity.

Rule 600 motions are generally brought in Pennsylvania for two specific purposes: to release a defendant from custody after six months; and to dismiss a case altogether after one year. Pursuant to 234 Pa. Code 600(B), a defendant is eligible for immediate release from prison after 180 days in custody without trial.

While this may seem unfair, it is in fact the law in Pennsylvania. ingly, it is important to understand that if somebody obtains a Temporary PFA against you, you can be kicked out of your home even prior to having your day in Court.

If you agree to a Final PFA Order (or the judge orders it following the hearing), you will be considered an ?abuser.? The record of the Order will be registered with the Pennsylvania State Police and will remain there forever, even after the PFA has expired, unless it is dismissed or withdrawn.

Rule 1100 - PROMPT TRIAL - PRIORITY TO INCARCERATED DEFENDANTS A. Whenever possible, priority shall be given to the trial of cases involving defendants who have failed to make bail. B. All motions for dismissal filed pursuant to Pa.

The PFA Act does not have a time limit for petitioning for a PFA.

Under U.S. law, a defendant is considered innocent until proven guilty. Reasonable doubt stems from insufficient evidence. If it cannot be proved without a doubt that the defendant is guilty, that person should not be convicted. Verdicts do not necessarily reflect the truth, they reflect the evidence presented.

How Long are PFA Orders Valid in Pennsylvania? PFA orders can be granted for as little as one month and as long as three years. A final PFA can be renewed by the petitioner when its protections are about to expire through a request to the court.

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