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

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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

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