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.
Delaware Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document used in Delaware courts to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This affidavit is typically filed by the defendant or their legal representative and provides detailed information and arguments as to why the charges should be dismissed. A "Show Cause Hearing" is a legal proceeding that gives the accused an opportunity to explain to the court why they should not be held in contempt or face certain consequences. It allows the defendant to present evidence and arguments to show why they should not be penalized for violating a court order or failing to comply with legal obligations. Different types of Delaware Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing may include: 1. Affidavit of Non-Service: This type of affidavit may be used when the defendant has not been properly served with the show cause hearing notice, potentially leading to a violation of due process rights. 2. Affidavit of Lack of Evidence: This affidavit might be filed if the defendant believes that the prosecution does not have sufficient evidence to support the criminal charges or that the evidence obtained is inadmissible in court. 3. Affidavit of Misconduct or Bias: This type of affidavit may be used when the defendant alleges misconduct or bias on the part of the judge or other court officials involved in the show cause hearing process. It aims to demonstrate that the lack of a fair and impartial hearing warrants the dismissal of charges. 4. Affidavit of Failure to Timely Schedule Hearing: This affidavit might be filed if the defendant can prove that the court failed to schedule a show cause hearing within the required timeframe, resulting in a violation of their constitutional rights. When drafting a Delaware Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing, it is important to provide a detailed account of the events leading up to the filing, any relevant laws or court rules governing show cause hearings, as well as any supporting evidence or witness statements. Keywords: Delaware, affidavit, motion, dismiss, criminal charges, failure, grant, show cause hearing, defendant, legal representative, contempt, court order, legal proceedings, due process rights, evidence, inadmissible, misconduct, bias, judge, court officials, fair, impartial hearing, constitutional rights, drafting, events, laws, court rules, supporting evidence, witness statements.
