Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing
About this form
The Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document filed by a defendant in response to criminal charges. This form is used to assert that the defendant has not received a required show-cause hearing. Unlike other motions, this affidavit specifically addresses the absence of a hearing, which can lead to the dismissal of charges against the defendant if no probable cause is established by the complaining party.
What’s included in this form
- Identification of the court and parties involved, including plaintiff and defendant names.
- A statement by the affiant (the defendant's attorney) confirming their representation.
- A declaration confirming that the defendant was only notified of arraignment and not of a show-cause hearing.
- Citation of the statutory requirement for the show-cause hearing.
- Signature lines for both the affiant and a notary public for validation.
When this form is needed
This form should be used when a defendant has been notified of their arraignment but has not received any notice of a show-cause hearing, which is necessary for the court to determine if there is probable cause for pursuing criminal charges. Filing this affidavit can help in seeking dismissal of the charges if there is no basis for them.
Who should use this form
- Defendants who have been charged with a crime and received a summons for arraignment.
- Attorneys representing defendants in criminal cases where a show-cause hearing has not been held.
- Individuals seeking to prevent the unfavorable progression of criminal charges that may appear on their record.
Completing this form step by step
- Identify the court and the parties involved by filling in the appropriate fields.
- Provide the name of the defendant and affiant in the designated sections.
- State the nature of the complaint and highlight that a show-cause hearing has not occurred.
- Include the citation of the statute relevant to show-cause hearings.
- Sign the affidavit in the presence of a notary public to validate it.
Notarization requirements for this form
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
Avoid these common issues
- Failing to include all necessary partiesâ names, which can lead to rejection of the form.
- Not citing the correct statute related to the show-cause hearing.
- Omitting signatures or dates, making the affidavit legally invalid.
Why use this form online
- Convenient access to downloadable and editable legal forms from anywhere.
- Time-saving as users can fill out and print the form immediately.
- Access to attorney-drafted templates ensures reliability and compliance with legal requirements.
Legal use & context
This affidavit is a crucial legal tool in criminal defense. It is intended to provide the court with information regarding the procedural status of the case, particularly whether the defendant was afforded their right to a show-cause hearing. If the court finds merit in the affidavit, it may lead to the dismissal of the complaint, highlighting its importance in criminal proceedings.
Summary of main points
- The affidavit is crucial for challenging criminal charges when procedural rights were not observed.
- Proper completion and notarization of the form are essential for its validity.
- Using a reliable online source for the form can streamline the process and ensure compliance with legal standards.
Form popularity
FAQ
Fill out your court forms. Fill out a Request for Dismissal (Form CIV-110 ). File your forms at the courthouse where you filed your case. Serve the other side with a copy of the dismissal papers. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)
Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.
What happens after a motion to dismiss is filed in a civil litigation, does the case continue while the Court is deciding whether to grant or deny the Motion?Finally, the judge will decide to grant or deny the motion. But there could be months between the moving papers and the decision.
An order to dismiss a case can occur when the appellate court, having reversed the conviction on the grounds of a bad search or arrest, examines what's left of the case and determines that there is not enough evidence to warrant another trial.
Fill out your court forms. Fill out a Request for Dismissal (Form CIV-110 ). File your forms at the courthouse where you filed your case. Serve the other side with a copy of the dismissal papers. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)
Try to directly persuade a prosecutor that a charge should be dropped, cast doubt on an accuser, highlight conflicting evidence, and. provide a reality check on the potential success of brining a charge.
The first lines of your motion should state your name and role in the case, and what you are asking the judge to do. Traditionally, the first line begins "Comes now the defendant," followed by your name. Then you state that you're asking the court to dismiss the plaintiff's complaint.
After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.
A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant's favor most often denying the plaintiff the opportunity to go to trial.
