Virgin Islands 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

Show cause refers to the burden placed on the Crown at a bail hearing to show justifiable reasons why an accused should be kept in custody. In order to show cause, the Crown Prosecutor must demonstrate that your detention is justified on the basis of one or more of the following three grounds.

A show cause hearing is held when a person who was granted deferred disposition or an interim judgment failed to comply with the Court's order. You will receive a notice to appear for a show cause hearing.

"Show cause hearing" means a hearing during which it is determined whether a person or entity has violated provisions of KRS Chapter 216B.

At a show cause hearing, a judge or justice of the peace decides if you can be let out of custody or must remain in custody until your trial. You will have a bail hearing if the police officer who arrested you decides to not let you leave the police station.

The show-cause hearing may also be called a magistrate's hearing or a criminal complaint hearing. At a show-cause hearing, the complaining party must produce evidence demonstrating ?probable cause? that the defendant committed the crime.

The Show Cause Order will be signed with the judge and will include a date for your hearing. It will order the other party to appear in court on the hearing date and ?show cause? why he or she is not complying with the order.

A show cause hearing is a judicial proceeding where the court determines if there is sufficient evidence that a crime was committed by the accused. It is also used to determine whether or not formal charges will be issued against an individual.

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