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.
A Michigan Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document used in Michigan courts to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This affidavit serves as evidence and justification for the motion, providing details and arguments to convince the court to dismiss the charges. Keywords: Michigan, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing. Types of Michigan Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing can vary depending on the specific reasons for requesting the dismissal. Some possible variations are: 1. Affidavit based on Constitutional Rights Violation: This type of affidavit may be used when the defendant's constitutional rights have been violated due to the failure to grant a show cause hearing, such as the right to due process or the right to confront witnesses. 2. Affidavit based on Lack of Sufficient Evidence: If there is insufficient evidence to support the criminal charges, this type of affidavit can be filed to request the dismissal. The affidavit would outline the lack of evidence and explain why the charges should be dropped. 3. Affidavit based on Procedural Errors: In cases where procedural errors occurred during the failure to grant a show cause hearing, this type of affidavit can be submitted, highlighting the specific errors and arguing for the charges to be dismissed. 4. Affidavit based on Prosecutorial Misconduct: If the prosecution engaged in misconduct during the failure to grant a show cause hearing, this type of affidavit can be filed. It would provide evidence of the misconduct and argue that the charges should be dismissed due to the unfairness of the proceedings. 5. Affidavit based on Violation of Statutory Rights: When the failure to grant a show cause hearing violates specific statutory rights granted to the defendant, an affidavit can be filed citing these violations and requesting the dismissal of the charges. These variations may be used depending on the specific circumstances of the case and the grounds for seeking the dismissal of the criminal charges. Each affidavit will focus on providing detailed information, evidence, and legal arguments to support the motion to dismiss.A Michigan Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document used in Michigan courts to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This affidavit serves as evidence and justification for the motion, providing details and arguments to convince the court to dismiss the charges. Keywords: Michigan, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing. Types of Michigan Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing can vary depending on the specific reasons for requesting the dismissal. Some possible variations are: 1. Affidavit based on Constitutional Rights Violation: This type of affidavit may be used when the defendant's constitutional rights have been violated due to the failure to grant a show cause hearing, such as the right to due process or the right to confront witnesses. 2. Affidavit based on Lack of Sufficient Evidence: If there is insufficient evidence to support the criminal charges, this type of affidavit can be filed to request the dismissal. The affidavit would outline the lack of evidence and explain why the charges should be dropped. 3. Affidavit based on Procedural Errors: In cases where procedural errors occurred during the failure to grant a show cause hearing, this type of affidavit can be submitted, highlighting the specific errors and arguing for the charges to be dismissed. 4. Affidavit based on Prosecutorial Misconduct: If the prosecution engaged in misconduct during the failure to grant a show cause hearing, this type of affidavit can be filed. It would provide evidence of the misconduct and argue that the charges should be dismissed due to the unfairness of the proceedings. 5. Affidavit based on Violation of Statutory Rights: When the failure to grant a show cause hearing violates specific statutory rights granted to the defendant, an affidavit can be filed citing these violations and requesting the dismissal of the charges. These variations may be used depending on the specific circumstances of the case and the grounds for seeking the dismissal of the criminal charges. Each affidavit will focus on providing detailed information, evidence, and legal arguments to support the motion to dismiss.
