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.
A Wisconsin affidavit in support of a motion to dismiss criminal charges for failure to grant a show cause hearing is a legal document filed by the defendant or their attorney in a criminal case. This affidavit is used to support a motion requesting the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. A show cause hearing is a proceeding where the prosecution is required to demonstrate why the defendant's probation or parole should be revoked or modified. The purpose of this hearing is to allow the defendant an opportunity to present evidence or arguments in their defense. It ensures that the defendant's rights are protected and prevents arbitrary or unjust revocation of probation or parole. The Wisconsin affidavit in support of a motion to dismiss criminal charges for failure to grant a show cause hearing includes various key elements to strengthen the defendant's case. It usually contains: 1. Defendant's Identification: The affidavit begins by providing the defendant's full name, address, and contact information. This information ensures that the affidavit is properly attributed to the defendant. 2. Case Information: The affidavit includes details about the criminal case, such as the case number, the date of the alleged offense, and the charges filed against the defendant. It also mentions the dates of any previous show cause hearings or probationary reviews. 3. Failure to Grant Show Cause Hearing: The affidavit explicitly states that the court failed to provide the defendant with a show cause hearing as required by law. It explains any attempts made by the defendant or their attorney to request a show cause hearing and how those requests were denied or ignored by the court. 4. Legal Basis: This section outlines the legal basis for the motion to dismiss. It may reference relevant Wisconsin statutes, court rules, or case law that establish the defendant's entitlement to a show cause hearing. The affidavit may also provide arguments highlighting how the failure to hold a show cause hearing violated the defendant's constitutional rights. 5. Supporting Documentation: The affidavit may attach any supporting documentation, such as written correspondences or court orders, to substantiate the claim that the court denied the defendant's right to a show cause hearing. Different types of Wisconsin affidavits in support of a motion to dismiss criminal charges for failure to grant show cause hearings can arise based on the specific circumstances of the case. For example: 1. Affidavit for Failure to Grant Show Cause Hearing During Probation: This type of affidavit would be applicable if the court failed to hold a show cause hearing for a defendant who was on probation. 2. Affidavit for Failure to Grant Show Cause Hearing During Parole: If the court failed to grant a show cause hearing for a defendant on parole, this type of affidavit would be appropriate. 3. Affidavit for Multiple Denials of Show Cause Hearing Requests: In cases where the defendant made multiple requests for a show cause hearing, but all were denied by the court, this affidavit would detail the repeated failures to grant the request. It is crucial for the affidavit to be accurate, persuasive, and well-organized to effectively support the motion to dismiss criminal charges for the failure to grant a show cause hearing in Wisconsin. It should be drafted or reviewed by a qualified attorney familiar with Wisconsin criminal law and court procedures.
