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.
New Mexico 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 New Mexico to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This affidavit outlines the reasons why the charges should be dismissed and presents supporting evidence to demonstrate the lack of due process. Keywords: — New Mexico: This affidavit is specific to the legal procedures and regulations in the state of New Mexico. — Affidavit: An affidavit is a written statement made under oath or affirmation, used as evidence in legal proceedings. — Motion to Dismiss: A motion filed by the defense to request the court to dismiss the criminal charges against the defendant. — Criminal Charges: Refers to the specific criminal offenses the defendant is accused of. — Failure to Grant Show Cause Hearing: This refers to the court's failure to provide the defendant with a show cause hearing, which is a proceeding where the defendant must show why they should not be held in contempt of court or face other penalties. — Support: The affidavit provides the necessary details and evidence to support the motion to dismiss the criminal charges. — Show Cause Hearing: A hearing conducted to determine if sufficient grounds exist to hold a person in contempt or impose other penalties. — Dismiss: Requesting that the charges be dropped and the case be closed without further action. Types of New Mexico Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing — Felony Charges: Specifically targeted at cases involving felony charges. 2. Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing — Misdemeanor Charges: Designed for cases involving misdemeanor charges. 3. Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing — Traffic Violations: Tailored for cases involving traffic-related offenses or violations. These different types of affidavits are necessary as the nature and severity of the charges may vary, and the supporting arguments and evidence required may differ accordingly.New Mexico 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 New Mexico to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This affidavit outlines the reasons why the charges should be dismissed and presents supporting evidence to demonstrate the lack of due process. Keywords: — New Mexico: This affidavit is specific to the legal procedures and regulations in the state of New Mexico. — Affidavit: An affidavit is a written statement made under oath or affirmation, used as evidence in legal proceedings. — Motion to Dismiss: A motion filed by the defense to request the court to dismiss the criminal charges against the defendant. — Criminal Charges: Refers to the specific criminal offenses the defendant is accused of. — Failure to Grant Show Cause Hearing: This refers to the court's failure to provide the defendant with a show cause hearing, which is a proceeding where the defendant must show why they should not be held in contempt of court or face other penalties. — Support: The affidavit provides the necessary details and evidence to support the motion to dismiss the criminal charges. — Show Cause Hearing: A hearing conducted to determine if sufficient grounds exist to hold a person in contempt or impose other penalties. — Dismiss: Requesting that the charges be dropped and the case be closed without further action. Types of New Mexico Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing — Felony Charges: Specifically targeted at cases involving felony charges. 2. Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing — Misdemeanor Charges: Designed for cases involving misdemeanor charges. 3. Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing — Traffic Violations: Tailored for cases involving traffic-related offenses or violations. These different types of affidavits are necessary as the nature and severity of the charges may vary, and the supporting arguments and evidence required may differ accordingly.
