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 Virginia Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document filed in the state of Virginia to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit presents facts and arguments supporting the motion for dismissal. In Virginia, there are two primary types of Affidavits in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. General Affidavit: This type of affidavit is used when there is a failure on the part of the court to grant a show cause hearing, resulting in the violation of the defendant's rights. It includes detailed information about the specific case, the charges, and the circumstances of the failure to hold a show cause hearing. 2. Statutory Affidavit: In certain cases, Virginia law may require the submission of a specific statutory affidavit along with the motion to dismiss. This affidavit format provides a structured template to ensure compliance with legal requirements. It typically includes sections for personal information, a statement of facts, and a declaration under penalty of perjury. The content within a Virginia Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing should include the following: 1. Heading and Identification: The document should begin with a title such as "Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing" and include the name of the court, the case number, and the parties involved. 2. Personal Information: The affidavit should state the affine's full name, address, contact information, and their relationship to the case (e.g., defendant, defense attorney, etc.). 3. Statement of Facts: This section must provide a detailed account of the events leading up to the failure to grant a show cause hearing. It should include dates, times, locations, and any relevant documentation supporting the claim. 4. Legal Arguments: The affidavit should outline legal arguments explaining why the failure to hold a show cause hearing violates the defendant's rights. It may reference specific laws, court rules, constitutional provisions, or precedents that support the motion for dismissal. 5. Supporting Evidence: Any supporting evidence that strengthens the case for dismissal should be included. This can include witness statements, court transcripts, correspondence, or other relevant documents. 6. Declaration: The affidavit must conclude with a declaration affirming that the information provided is true and accurate, signed by the affine in the presence of a notary public. Remember that an affidavit is a legal document, so accuracy, clarity, and attention to detail are crucial. It is important to consult with a legal professional or attorney when drafting and filing a Virginia Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing to ensure compliance with state laws and court requirements.A Virginia Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document filed in the state of Virginia to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit presents facts and arguments supporting the motion for dismissal. In Virginia, there are two primary types of Affidavits in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. General Affidavit: This type of affidavit is used when there is a failure on the part of the court to grant a show cause hearing, resulting in the violation of the defendant's rights. It includes detailed information about the specific case, the charges, and the circumstances of the failure to hold a show cause hearing. 2. Statutory Affidavit: In certain cases, Virginia law may require the submission of a specific statutory affidavit along with the motion to dismiss. This affidavit format provides a structured template to ensure compliance with legal requirements. It typically includes sections for personal information, a statement of facts, and a declaration under penalty of perjury. The content within a Virginia Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing should include the following: 1. Heading and Identification: The document should begin with a title such as "Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing" and include the name of the court, the case number, and the parties involved. 2. Personal Information: The affidavit should state the affine's full name, address, contact information, and their relationship to the case (e.g., defendant, defense attorney, etc.). 3. Statement of Facts: This section must provide a detailed account of the events leading up to the failure to grant a show cause hearing. It should include dates, times, locations, and any relevant documentation supporting the claim. 4. Legal Arguments: The affidavit should outline legal arguments explaining why the failure to hold a show cause hearing violates the defendant's rights. It may reference specific laws, court rules, constitutional provisions, or precedents that support the motion for dismissal. 5. Supporting Evidence: Any supporting evidence that strengthens the case for dismissal should be included. This can include witness statements, court transcripts, correspondence, or other relevant documents. 6. Declaration: The affidavit must conclude with a declaration affirming that the information provided is true and accurate, signed by the affine in the presence of a notary public. Remember that an affidavit is a legal document, so accuracy, clarity, and attention to detail are crucial. It is important to consult with a legal professional or attorney when drafting and filing a Virginia Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing to ensure compliance with state laws and court requirements.
