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 South Carolina Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document that is filed with the court to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This type of affidavit serves as supporting evidence for the motion to dismiss and provides detailed information outlining the reasons why the charges should be dropped. Keywords: South Carolina, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing. In South Carolina, there may be different types of affidavits in support of a motion to dismiss criminal charges for failure to grant a show cause hearing, depending on the specific circumstances. Some possible variations could be: 1. South Carolina Affidavit in Support of Motion to Dismiss Criminal Charges — Failure to Hold Show Cause Hearing: This type of affidavit is filed when the prosecution fails to conduct a show cause hearing before pursuing criminal charges. 2. South Carolina Affidavit in Support of Motion to Dismiss — Violation of Due Process: This affidavit highlights the violation of the defendant's constitutional rights to due process, specifically in relation to the failure to grant a show cause hearing. 3. South Carolina Affidavit in Support of Motion to Dismiss Criminal Charges — Lack of Justification for Failure to Grant Show Cause Hearing: This affidavit argues that the prosecution has failed to provide valid justifications for not granting a show cause hearing, thereby warranting the dismissal of the charges. 4. South Carolina Affidavit in Support of Motion to Dismiss — Inadequate Notice for Show Cause Hearing: This type of affidavit asserts that the defendant did not receive adequate notice or an opportunity to be heard during the show cause hearing, which is a violation of their rights and should lead to the charges being dismissed. 5. South Carolina Affidavit in Support of Motion to Dismiss Criminal Charges — Improper or Insufficient Evidence Presented at Show Cause Hearing: This affidavit states that the evidence presented by the prosecution during the show cause hearing was improper or insufficient, thus making the charges invalid and requiring dismissal. It is important to note that the specific types of affidavits in support of a motion to dismiss may vary depending on the local jurisdiction and the circumstances of each case. Consulting with a legal professional or researching the specific requirements in South Carolina is crucial to ensuring accuracy when preparing such documents.A South Carolina Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document that is filed with the court to request the dismissal of criminal charges due to the failure to grant a show cause hearing. This type of affidavit serves as supporting evidence for the motion to dismiss and provides detailed information outlining the reasons why the charges should be dropped. Keywords: South Carolina, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing. In South Carolina, there may be different types of affidavits in support of a motion to dismiss criminal charges for failure to grant a show cause hearing, depending on the specific circumstances. Some possible variations could be: 1. South Carolina Affidavit in Support of Motion to Dismiss Criminal Charges — Failure to Hold Show Cause Hearing: This type of affidavit is filed when the prosecution fails to conduct a show cause hearing before pursuing criminal charges. 2. South Carolina Affidavit in Support of Motion to Dismiss — Violation of Due Process: This affidavit highlights the violation of the defendant's constitutional rights to due process, specifically in relation to the failure to grant a show cause hearing. 3. South Carolina Affidavit in Support of Motion to Dismiss Criminal Charges — Lack of Justification for Failure to Grant Show Cause Hearing: This affidavit argues that the prosecution has failed to provide valid justifications for not granting a show cause hearing, thereby warranting the dismissal of the charges. 4. South Carolina Affidavit in Support of Motion to Dismiss — Inadequate Notice for Show Cause Hearing: This type of affidavit asserts that the defendant did not receive adequate notice or an opportunity to be heard during the show cause hearing, which is a violation of their rights and should lead to the charges being dismissed. 5. South Carolina Affidavit in Support of Motion to Dismiss Criminal Charges — Improper or Insufficient Evidence Presented at Show Cause Hearing: This affidavit states that the evidence presented by the prosecution during the show cause hearing was improper or insufficient, thus making the charges invalid and requiring dismissal. It is important to note that the specific types of affidavits in support of a motion to dismiss may vary depending on the local jurisdiction and the circumstances of each case. Consulting with a legal professional or researching the specific requirements in South Carolina is crucial to ensuring accuracy when preparing such documents.
