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.
Massachusetts Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document used in the state of Massachusetts to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This affidavit is often prepared and submitted by the defendant or their attorney, detailing the reasons why the charges should be dismissed. Keywords: Massachusetts, Affidavit, Motion to Dismiss, Criminal Charges, Failure to Grant, Show Cause Hearing. Different types of Massachusetts Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing may include: 1. Affidavit of Lack of Probable Cause: This type of affidavit argues that there is insufficient evidence to establish probable cause for the criminal charges, thereby seeking their dismissal. 2. Affidavit of Due Process Violations: This affidavit asserts that the defendant's constitutional rights, such as the right to a fair hearing, were violated due to the failure to grant a show cause hearing, warranting the dismissal of the charges. 3. Affidavit of Selective Prosecution: This type of affidavit claims that the charges were brought against the defendant based on discriminatory or vindictive motives, thus requesting their dismissal. 4. Affidavit of Exculpatory Evidence: This affidavit highlights the existence of new evidence that proves the defendant's innocence or casts serious doubt on their guilt, serving as grounds for dismissing the charges. 5. Affidavit of Double Jeopardy: This type of affidavit argues that the defendant has already been prosecuted or punished for the same offense, relying on the double jeopardy clause of the U.S. Constitution to seek dismissal. It is important to note that the availability and specific requirements for these types of affidavits may vary depending on the jurisdiction and the circumstances of the case. Always consult a qualified attorney for legal advice regarding a specific situation.Massachusetts Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document used in the state of Massachusetts to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This affidavit is often prepared and submitted by the defendant or their attorney, detailing the reasons why the charges should be dismissed. Keywords: Massachusetts, Affidavit, Motion to Dismiss, Criminal Charges, Failure to Grant, Show Cause Hearing. Different types of Massachusetts Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing may include: 1. Affidavit of Lack of Probable Cause: This type of affidavit argues that there is insufficient evidence to establish probable cause for the criminal charges, thereby seeking their dismissal. 2. Affidavit of Due Process Violations: This affidavit asserts that the defendant's constitutional rights, such as the right to a fair hearing, were violated due to the failure to grant a show cause hearing, warranting the dismissal of the charges. 3. Affidavit of Selective Prosecution: This type of affidavit claims that the charges were brought against the defendant based on discriminatory or vindictive motives, thus requesting their dismissal. 4. Affidavit of Exculpatory Evidence: This affidavit highlights the existence of new evidence that proves the defendant's innocence or casts serious doubt on their guilt, serving as grounds for dismissing the charges. 5. Affidavit of Double Jeopardy: This type of affidavit argues that the defendant has already been prosecuted or punished for the same offense, relying on the double jeopardy clause of the U.S. Constitution to seek dismissal. It is important to note that the availability and specific requirements for these types of affidavits may vary depending on the jurisdiction and the circumstances of the case. Always consult a qualified attorney for legal advice regarding a specific situation.
