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

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US-02610BG
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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 innocence, but the charges will appear on the defendants criminal record.

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FAQ

A change of plea hearing is a hearing held by the court wherein the defendant changes his or her plea. Typically, a defendant will plead ?not guilty? at the beginning of a criminal case at the arraignment.

Murder, arson causing death, kidnapping, and aggravated sexual assault, sexual assault, human trafficking, aggravated human trafficking, and manslaughter have no statute of limitations in Vermont. Many child sexual offenses have no statute of limitation or carry a 40-year period of limitations.

Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

A change of plea is a guilty plea in a criminal case. It is referred to as a ?change? because the defendant had pled ?not guilty? to the charges during a previous proceeding, usually during the post indictment arraignment, and now has decided to plead guilty to the charges instead of going to trial.

Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.

"In Vermont, there is no time period during which you can change your mind and cancel a vehicle purchase contract. Any right to cancel the contract must be specified in the purchase agreement you sign with the seller. Unless there is such a term, the dealer may be able to enforce the contract.

Rule 12 - Pleadings and Motions Before Trial; Status Conference (a) Pleadings and Motions. The pleadings in criminal proceedings are the indictment and the information, and the pleas of not guilty, guilty and nolo contendere.

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