Dismiss Charges

 Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing
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Description Motions For Discovery

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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Motion Dismiss Form Other Form Names

Dismiss Criminal Charges   Criminal Affidavit   Affidavit Criminal Case   Motion For Discovery Criminal Case   Dismiss Domestic Violence Charges   Motion Hearing Form   Motion Show Cause Form  

Motion Dismiss Criminal FAQ

What happens if a motion to dismiss is granted?

What happens after motion to quash?

How do I write a motion to dismiss?

How do you convince a prosecutor to drop charges?

How do you ask a case to be dismissed?

On what grounds can a case be dismissed?

What happens after a motion to dismiss is granted?

How do I file a motion response?

How do you ask a judge to dismiss a case?

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