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
Keywords: Wyoming, motion to dismiss criminal charges, failure to notice, grant show cause hearing. A Wyoming motion to dismiss criminal charges for failure to notice and grant a show cause hearing is a legal mechanism used to request the dismissal of criminal charges in cases where the accused has not been properly notified or given the opportunity to explain their actions before the court. In Wyoming, there are several types of motions to dismiss criminal charges for failure to notice and grant a show cause hearing, each addressing different aspects of an individual's right to due process. Some variations include: 1. Motion to Dismiss for Lack of Notice: This motion is filed when the accused argues that they were not properly informed of the charges filed against them in compliance with Wyoming law. Lack of notice may include situations where the accused did not receive timely notification or was not provided with the necessary information to adequately prepare a defense. 2. Motion to Dismiss for Failure to Grant a Show Cause Hearing: A show cause hearing is an opportunity for the accused to present evidence or arguments that demonstrate why a dismissal of charges is warranted. This motion is filed when the accused contends that the court did not provide them with the opportunity to present their case or failed to consider their arguments before proceeding with hearings or trials. 3. Motion to Dismiss for Violation of Due Process: This motion asserts that the failure to notice or grant a show cause hearing violates the accused's constitutional right to due process. It claims that the denial of proper notice or an opportunity to present relevant information infringes upon their ability to receive a fair and just trial. When filing a motion to dismiss criminal charges for failure to notice and grant a show cause hearing in Wyoming, it is essential to review the specific rules and procedures set forth by the Wyoming judiciary. These motions require detailed explanations, supporting evidence, legal arguments, and adherence to specific filing deadlines. By utilizing the appropriate motion, individuals facing criminal charges in Wyoming can seek the dismissal of their case when procedural errors related to notice or the grant of a show cause hearing have occurred. Through these motions, defendants can assert their right to due process and seek a fair resolution to their criminal charges.
