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.
The Franklin Ohio 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 Ohio to request the dismissal of criminal charges when a defendant has not been granted a show cause hearing. This affidavit serves as a formal statement asserting the defendant's rights to due process and fair treatment within the criminal justice system. By filing this motion, the defendant aims to challenge the legality of the charges brought against them and seeks relief from the court. Keywords: Franklin Ohio, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing, legal document, defendant, due process, fair treatment, criminal justice system, legality, relief, court. Types of Franklin Ohio Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing: 1. Affidavit based on violation of constitutional rights: This type of affidavit highlights how the failure to grant a show cause hearing violates the defendant's constitutional rights, such as the right to due process, right to a fair trial, or right to confront witnesses. 2. Affidavit based on procedural errors: This type of affidavit points out any procedural errors that occurred during the arrest, charging, or trial process, leading to the failure to grant a show cause hearing. 3. Affidavit based on lack of evidence: This type of affidavit argues that the prosecution lacks sufficient evidence to support the criminal charges and emphasizes the need to dismiss the case as a result. 4. Affidavit based on selective prosecution: This type of affidavit suggests that the defendant is being unfairly targeted or singled out for prosecution, in which case, the failure to grant a show cause hearing further exacerbates this unjust treatment. 5. Affidavit based on the interest of justice: This type of affidavit asserts that dismissing the criminal charges in light of the failure to grant a show cause hearing is necessary to serve the interest of justice, preventing any further violation of the defendant's rights or wasted resources on wrongful prosecutions.
