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Affidavit in Support of Motion to Dismiss Criminal Charges for...

Virgin Islands Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing

Category:

Affidavits - Criminal

State:

Multi-State

Control #:

US-02610BG

Format:

Instant download

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 innocence, but the charges will appear on the defendants criminal record.

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How to fill out Affidavit In Support Of Motion To Dismiss Criminal Charges For Failure To Grant Show Cause Hearing?

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FAQ

2d 418, 421 (Fla. 1987) (specifically addressing criminal appeals). In civil appeals generally, the Legislature allows for the denial of a motion to dismiss to be raised as legal error as part of ?any appeal from the final judgment or order in the action.? § 59.06(1)(b), Fla.

Florida Rules of Civil Procedure 1.190 can aid in shortcutting a Motion to Dismiss. The Rule allows the Plaintiff to amend a pleading once, without permission of the Court, prior to a responsive pleading from the Defendant. A Motion to Dismiss is not a responsive pleading.

The state to defeat a motion to dismiss, the state must file a traverse denying specific facts in the motion or alleging specific additional facts just as a non-movant would have to do in a counter-affidavit to defeat a motion for summary judgment.

The time for a response to a motion to dismiss in Florida will depend on the court. In general, the opposing party will have approximately two to three weeks to answer to a motion to dismiss.

Under Rule 3.190(c)(4), Florida Rules of Criminal Procedure, a defendant may, at any time, file a motion to dismiss on grounds that there are no disputed issues of material fact in the case and the undisputed facts do not amount to a prima facie case of guilt.