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.
A Tennessee Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document used in the state of Tennessee to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This affidavit serves as written evidence and support for the motion to dismiss, providing a detailed account of events and relevant legal arguments. Keywords: Tennessee, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing. In Tennessee, different types of affidavits may be used as support for a motion to dismiss criminal charges for failure to grant a show cause hearing, depending on the specific circumstances of the case. These affidavits could include: 1. Affidavit of Defendant: This affidavit would be filed by the defendant themselves and provide a firsthand account of the events surrounding the failure to grant a show cause hearing. It may include details about the defendant's efforts to secure a hearing and any communication with the court or relevant parties. 2. Affidavit of Witnesses: If there are witnesses who can attest to the defendant's attempts to obtain a show cause hearing or the lack thereof, their affidavits would be crucial. These affidavits would outline the specific interactions or observations of the witnesses during the relevant period. 3. Affidavit of Legal Counsel: In cases where the defendant has legal representation, their attorney may file an affidavit to support the motion to dismiss. This affidavit would outline the attorney's efforts to secure a show cause hearing and any correspondence with the court or opposing counsel. 4. Affidavit of Court Clerks or Officials: If there were procedural errors or delays caused by the court's handling of the show cause hearing request, affidavits from court clerks or officials could be obtained. These affidavits would provide insight into the court's actions or lack thereof, supporting the defense's argument for dismissal. 5. Affidavit of Expert Witnesses: In some cases, expert witnesses may be necessary to establish technical or legal deficiencies regarding the failure to grant a show cause hearing. For example, an expert in criminal procedure could provide an affidavit explaining why the court's actions (or lack thereof) violated established legal standards. It's important to note that the availability and necessity of these specific affidavits may vary depending on the unique circumstances of each case. Legal counsel should be consulted to determine the most appropriate affidavits to support a motion to dismiss for failure to grant a show cause hearing in Tennessee.
