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.
Texas 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 Texas to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit presents detailed facts and arguments supporting the defendant's claim that their constitutional right to a fair and timely hearing was violated. Keywords: Texas, Affidavit in Support, Motion to Dismiss Criminal Charges, Failure to Grant, Show Cause Hearing. Types of Texas Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. Affidavit in Support of Motion to Dismiss based on Violation of Due Process Rights: This type of affidavit highlights the defendant's claims that their right to due process was violated, advocating for the dismissal of the criminal charges due to the lack of a show cause hearing. 2. Affidavit in Support of Motion to Dismiss based on Unreasonable Delay: This affidavit focuses on the argument that the defendant's right to a speedy trial was infringed upon, asserting that the failure to grant a show cause hearing in a timely manner warrants the dismissal of the criminal charges. 3. Affidavit in Support of Motion to Dismiss based on Lack of Evidence: This type of affidavit asserts that, in the absence of a show cause hearing, the prosecution failed to present sufficient evidence to justify the continued pursuit of the criminal charges. Therefore, dismissal is sought based on the lack of evidence. 4. Affidavit in Support of Motion to Dismiss based on Violation of Sixth Amendment Rights: This affidavit emphasizes the defendant's claim that the failure to grant a show cause hearing deprived them of their right to confront witnesses and mount an effective defense, warranting the dismissal of the criminal charges. 5. Affidavit in Support of Motion to Dismiss based on Prosecutorial Misconduct: This affidavit argues that the failure to grant a show cause hearing amounts to prosecutorial misconduct, rendering the criminal charges illegitimate and justifying their dismissal. It is important to note that the specific types of affidavits may vary depending on the details of the case and the legal strategies employed by the defendant seeking dismissal of criminal charges.Texas 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 Texas to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit presents detailed facts and arguments supporting the defendant's claim that their constitutional right to a fair and timely hearing was violated. Keywords: Texas, Affidavit in Support, Motion to Dismiss Criminal Charges, Failure to Grant, Show Cause Hearing. Types of Texas Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. Affidavit in Support of Motion to Dismiss based on Violation of Due Process Rights: This type of affidavit highlights the defendant's claims that their right to due process was violated, advocating for the dismissal of the criminal charges due to the lack of a show cause hearing. 2. Affidavit in Support of Motion to Dismiss based on Unreasonable Delay: This affidavit focuses on the argument that the defendant's right to a speedy trial was infringed upon, asserting that the failure to grant a show cause hearing in a timely manner warrants the dismissal of the criminal charges. 3. Affidavit in Support of Motion to Dismiss based on Lack of Evidence: This type of affidavit asserts that, in the absence of a show cause hearing, the prosecution failed to present sufficient evidence to justify the continued pursuit of the criminal charges. Therefore, dismissal is sought based on the lack of evidence. 4. Affidavit in Support of Motion to Dismiss based on Violation of Sixth Amendment Rights: This affidavit emphasizes the defendant's claim that the failure to grant a show cause hearing deprived them of their right to confront witnesses and mount an effective defense, warranting the dismissal of the criminal charges. 5. Affidavit in Support of Motion to Dismiss based on Prosecutorial Misconduct: This affidavit argues that the failure to grant a show cause hearing amounts to prosecutorial misconduct, rendering the criminal charges illegitimate and justifying their dismissal. It is important to note that the specific types of affidavits may vary depending on the details of the case and the legal strategies employed by the defendant seeking dismissal of criminal charges.
