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
The Washington Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing is a legal procedure used in Washington State to challenge criminal charges that have been filed against a defendant without proper notice or the opportunity to present a show cause hearing. This motion can be filed by the accused or their legal representative when there have been procedural errors or due process violations during the criminal proceedings. In Washington State, there are two types of Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing: 1. Pretrial Motion to Dismiss: This type of motion is filed before the trial begins. It asserts that the charging document, such as the indictment or information, was not properly served to the defendant. Additionally, this motion may argue that the defendant did not receive adequate notice of the charges or motivations behind them. By filing this motion, the defendant seeks to have the charges dismissed due to a violation of their constitutional rights and lack of procedural fairness. 2. Post-Trial Motion to Dismiss: This motion is filed after the trial has concluded, usually by the defense, if it becomes apparent that there was a failure to provide proper notice or grant a show cause hearing during the trial process. It challenges the validity of the conviction itself based on procedural errors or due process violations, seeking to have the charges dismissed or overturned. The Washington Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing serves as a safeguard to protect the defendant's rights and promote fairness in the criminal justice system. It ensures that the accused receives adequate notice and the opportunity to address any show cause hearing related to the charges they are facing. This motion helps prevent arbitrary or unjust convictions, upholding the principles of due process. Keywords: Washington State, Motion to Dismiss Criminal Charges, Failure to Notice, Grant Show Cause Hearing, legal procedure, procedural errors, due process violations, defendant, pretrial motion, post-trial motion, constitutional rights, procedural fairness, safeguard, criminal justice system, notice, show cause hearing, conviction, overturned.
