Massachusetts Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing

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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

In Massachusetts, a Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing is a legal document filed by a defendant in criminal proceedings when the prosecution fails to provide proper notice or grant a show cause hearing as required by law. This motion aims to have the charges against the defendant dismissed on the grounds of procedural error or violation of their due process rights. When a person is accused of a crime in Massachusetts, they are generally entitled to a show cause hearing before charges are formally filed. This hearing allows the accused individual to present evidence, arguments, or witnesses to convince the court that there is insufficient evidence or probable cause to move forward with the case. It is an important legal safeguard to prevent unjust or baseless charges from proceeding to trial. However, if the prosecution fails to provide proper notice of the show cause hearing or denies the defendant the opportunity to present their case, the defendant may file a Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing. This motion asserts that the defendant's due process rights have been violated, as they were not given the fair chance to contest the charges against them. There are different types of circumstances that may lead to the filing of this motion. Here are a few examples: 1. Failure to provide notice: If the prosecution fails to inform the defendant in a timely manner about the show cause hearing, the defendant may be caught off guard and not have enough time to prepare a defense. This lack of notice can be grounds for filing a motion to dismiss. 2. Denial of show cause hearing: If the defendant's request for a show cause hearing is denied without valid reasons, such as a lack of evidence or a procedural error, the defendant may file a motion to dismiss. This ensures that their right to present their case and challenge the charges is protected. 3. Inadequate opportunity to present a defense: If the show cause hearing is held, but the defendant is not given a reasonable opportunity to present evidence, arguments, or witnesses, this may be considered a violation of due process. The defendant can then file a motion to dismiss based on this failure to grant a fair hearing. It is essential to note that the specific requirements and procedures for a Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing may vary depending on the jurisdiction and the nature of the case. Consulting with an experienced criminal defense attorney who specializes in Massachusetts law is crucial to ensure the motion is properly prepared and presented.

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FAQ

If you receive a summons for a clerk magistrate hearing you should take this seriously as this is the first step in initiating criminal charges against you. You should contact an attorney immediately for advice and assistance in representing you at this critical hearing.

A probable cause hearing is where a district court judge determines whether there is enough evidence to charge you with a crime not within the district court's jurisdiction so that you can be ?bound over? to a higher court.

One of the most frequently used phrases in criminal law is ?probable cause.? In Massachusetts, probable cause is necessary to arrest someone, conduct a search without a warrant, detain a person arrested on suspicion of having committed a crime or to obtain a search warrant.

At the hearing, the Clerk Magistrate's primary role is to determine whether probable cause exists to require the accused to answer to a criminal charge formally in District Court. However, Magistrates may decline to authorize complaints where the law allows the conflict to be fairly resolved in a different manner.

In Massachusetts, a motion to suppress is a way to exclude evidence that the police got illegally. If you win a motion to suppress, the Commonwealth cannot introduce the illegal evidence at trial. Sometimes, that means the case is dismissed.

What is a show cause hearing? If you're accused of committing a misdemeanor crime and you aren't arrested, you're generally entitled to a show cause hearing. The hearing is held before a District Court clerk magistrate to determine if there is probable cause to believe you committed a crime.

A person who is released by court order or other lawful authority on bail or recognizance on condition that he will appear personally at a specified time and place and who fails without sufficient excuse to so appear shall be punished by a fine of not more than ten thousand dollars or by imprisonment in a house of ...

Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.

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Sep 7, 2004 — A defense or objection based upon a failure to show jurisdiction in the court or the failure to charge an offense may be raised by motion to ... Sep 7, 2004 — The defendant may waive the right to be proceeded against by indictment by filing a written waiver of that right in the District Court prior to ...The clerk will set up a hearing date and your lawyer can then make a persuasive argument to a receptive judge that some or all of the charges against you should ... Feb 3, 2022 — This motion can be made: (i) at the close of the state's evidence; (ii) at the close of all the evidence; (iii) after a guilty verdict has been ... Because a charge that fails to state an offense must be dismissed whenever the defect is noticed — even on appeal18 — counsel might be tempted to delay the ... Grounds not stated which reasonably could have been known at the time a motion is filed shall be deemed to have been waived, but a judge for cause shown may ... If a private citizen submitted the felony complaint, then the magistrate may choose to hold a show cause hearing. M.G.L. ch. 218, § 35A. The Massachusetts ... After notice and hearing, and for good cause shown, the presiding judge may ... (b) Failure to File a Motion with a Notice of Appeal. If an appellant timely ... 4 This chapter discusses the complaint process, show-cause hearings, cross-complaints, and the right to indictment. Chapters 5 and 20 infra discuss grand jury ... If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice. A dismissal ...

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Massachusetts Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing