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Washington Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing

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Multi-State
Control #:
US-02610BG
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Description

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.

Washington Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document filed in the Washington State court system. It is used to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit highlights the violation of the defendant's constitutional rights to due process and fair trial. Keywords: Washington, Affidavit, Support, Motion to Dismiss, Criminal Charges, Failure to Grant, Show Cause Hearing, legal document, Washington State court system, request, dismissal, constitutional rights, due process, fair trial. Different types of Washington Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing can be categorized based on specific criminal cases, such as: 1. Drug-related offenses: This type of affidavit may include evidence proving that the court's failure to grant a show cause hearing in a drug-related criminal case has violated the defendant's rights, such as the Fourth Amendment protection against unreasonable searches and seizures. 2. White-collar crimes: Affidavits in support of motions to dismiss criminal charges in white-collar crime cases may focus on the lack of opportunity for the defendant to present evidence and arguments during a show cause hearing, which is crucial to their defense. 3. Violent crimes: In cases involving charges for violent offenses, the affidavit could address the potential prejudice caused by the court's failure to grant a show cause hearing. It may argue that the defendant's ability to assert their innocence and challenge the credibility of witnesses has been unjustly hindered. 4. Traffic violations: Affidavits for traffic-related cases could argue that the court's failure to grant a show cause hearing has deprived the defendant of the opportunity to contest the accuracy of evidence, including traffic camera footage or eyewitness testimonies. 5. Domestic violence cases: The affidavit may present facts and arguments that demonstrate that the absence of a show cause hearing has prevented the defendant from presenting evidence that would support their claim of self-defense or refute the allegations against them. In each of these cases, the Washington Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing serves as a crucial legal tool to assert the defendant's rights and seek a fair resolution in accordance with the law.

Washington Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document filed in the Washington State court system. It is used to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit highlights the violation of the defendant's constitutional rights to due process and fair trial. Keywords: Washington, Affidavit, Support, Motion to Dismiss, Criminal Charges, Failure to Grant, Show Cause Hearing, legal document, Washington State court system, request, dismissal, constitutional rights, due process, fair trial. Different types of Washington Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing can be categorized based on specific criminal cases, such as: 1. Drug-related offenses: This type of affidavit may include evidence proving that the court's failure to grant a show cause hearing in a drug-related criminal case has violated the defendant's rights, such as the Fourth Amendment protection against unreasonable searches and seizures. 2. White-collar crimes: Affidavits in support of motions to dismiss criminal charges in white-collar crime cases may focus on the lack of opportunity for the defendant to present evidence and arguments during a show cause hearing, which is crucial to their defense. 3. Violent crimes: In cases involving charges for violent offenses, the affidavit could address the potential prejudice caused by the court's failure to grant a show cause hearing. It may argue that the defendant's ability to assert their innocence and challenge the credibility of witnesses has been unjustly hindered. 4. Traffic violations: Affidavits for traffic-related cases could argue that the court's failure to grant a show cause hearing has deprived the defendant of the opportunity to contest the accuracy of evidence, including traffic camera footage or eyewitness testimonies. 5. Domestic violence cases: The affidavit may present facts and arguments that demonstrate that the absence of a show cause hearing has prevented the defendant from presenting evidence that would support their claim of self-defense or refute the allegations against them. In each of these cases, the Washington Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing serves as a crucial legal tool to assert the defendant's rights and seek a fair resolution in accordance with the law.

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Washington Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing