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

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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

Rhode Island Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing is a legal motion filed by the defense in criminal proceedings to request the dismissal of criminal charges due to the prosecution's failure to provide proper notice or grant a show cause hearing. This motion is crucial in protecting defendants' constitutional rights to due process and fair treatment. When the prosecution fails to give proper notice to the defendant or their attorney, it violates the defendant's rights to be informed of the charges and adequately prepare a defense. Without effective notice, defendants can be caught off-guard and unable to gather evidence or secure witnesses to support their case. This can severely undermine their ability to present a strong defense and may result in an unfair trial. Furthermore, the failure to grant a show cause hearing can also deprive defendants of a crucial opportunity to challenge the validity of the charges brought against them. A show cause hearing is typically held to determine if there is enough evidence or probable cause to proceed with a trial. It allows the defense to argue against the necessity or merit of the charges, present contradictory evidence, or challenge the credibility of witnesses. Without this crucial step, individuals may be forced to face trial without the chance to question the legitimacy of the charges against them. Different types of Rhode Island Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing may include: 1. Lack of Proper Notice: This motion argues that the prosecution failed to provide adequate notice to the defendant or their attorney about the nature of the charges, leading to a violation of due process rights. If the notification was not provided within the required timeframe or lacked crucial details, the defense can argue that the charges should be dismissed. 2. Show Cause Hearing Denial: This motion asserts that the prosecution denied the defendant's right to a show cause hearing, violating their right to challenge the sufficiency of evidence or probable cause before proceeding to trial. The defense may argue that without this opportunity, their ability to prepare a proper defense has been hampered, necessitating the dismissal of charges. 3. Improper Conduct by the Prosecution: In some cases, the defense may argue that the prosecution deliberately neglected to provide notice or denied a show cause hearing as a tactic to gain an unfair advantage. This motion highlights any evidence of prosecutorial misconduct and requests the dismissal of charges due to the violation of the defendant's rights. 4. Prejudice and Irreparable Harm: This motion asserts that the lack of notice or denial of a show cause hearing has caused substantial prejudice and irreparable harm to the defendant's ability to receive a fair trial. The defense may argue that the violations have impaired their ability to investigate, gather evidence, or locate witnesses, making a fair trial impossible. In conclusion, the Rhode Island Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing is a vital tool for defendants to protect their rights and seek the dismissal of charges due to the prosecution's failure to provide notice or grant a show cause hearing. This motion ensures that defendants have adequate time and opportunity to prepare their defense, challenge the charges, and receive a fair trial in accordance with their constitutional rights.

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  • Preview Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing
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How to fill out Rhode Island Motion To Dismiss Criminal Charges For Failure To Notice And Grant Show Cause Hearing?

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Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for summary judgment in the party's favor as to all or any part thereof. (c)Motion and Proceedings Thereon.

Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.

Rule 35 - Correction, Decrease, or Increase of Sentence. (a)Correction or reduction of sentence. The court may correct an illegal sentence at any time.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.

Rule 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.

Rule 48 - Dismissal (a)By Attorney for State. The attorney for the State may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.

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The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. Page 43. Page 43 of 67. Rule 48. Dismissal. Failure to present any such defense or objection as herein provided constitutes a waiver thereof, but the court for cause shown may grant relief from the waiver ...The motion shall then be assigned for hearing. (e)Motion to Dismiss for Failure to Obtain a Speedy Trial. When a Motion to Dismiss for Failure to Obtain a ... A civil action is commenced (1) by the filing of a complaint, Civil Case Cover Sheet, and all other required documents with the court together with the entry ... This manual contains a summary of the important cases and court rules touching upon every major procedural facet of criminal defense representation in Rhode ... Dec 1, 2019 — Except for good cause shown, failure to file a motion within that time shall be deemed a waiver of any claim for attorneys' fees. (b) ... An order sustaining a demurrer and granting leave to file an amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of action ... date set for the show cause hearing. The United States may file a reply memorandum to any opposition at least 5 days prior to the date set for the show. ... file a motion in an existing case against the protected party during the time the ... the hearing, if the court determines that the proposed litigation or motion. The clerk will set up a hearing date and your lawyer can then make a persuasive argument to a receptive judge that some or all of the charges against you should ...

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