Kings New York Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing

State:
Multi-State
County:
Kings
Control #:
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

The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty.

To pervert the course of course of justice, any one of the three acts below must be carried out: Intimidating or interfering with a case witness, juror or judge; The disposal, or fabricating, of evidence; Falsely accusing someone of a crime, resulting in their arrest.

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.

If the CPS decides to proceed, the abuser will initially be taken to a Magistrates' Court, after which (depending on the seriousness of the charge) he will either be remanded in custody or released on bail.

Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.

If it is decided that the decision not to prosecute was wrong, a prosecution will then be started if possible, but there are a number of legal reasons why it might not be possible. Where the view is reached that the decision not to prosecute was correct, this can lead to a separate independent review.

As a general rule: If you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit. Sometimes, no charges are filed, and you will be released.

In essence, Rule 5 is a criminal procedure rule that provides required timelines for when people who have been arrested or cited must appear in court for an arraignment or felony first appearance.

(a) In General. (1) Appearance Upon an Arrest. (A) A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise.

At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

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Kings New York Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing