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 Kings New York Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document that aims to provide detailed information and argumentation to support the motion to dismiss criminal charges. This affidavit is specifically designed for cases where the court failed to grant a show cause hearing for the defendant. In this affidavit, the defendant or their legal representative presents a comprehensive account of the situation, highlighting the reasons why the court's failure to grant a show cause hearing is a violation of the defendant's rights. The document articulates the legal basis for the motion to dismiss and substantiates it with relevant evidence, testimonies, and legal precedents. Keywords: Kings New York, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing, legal document, defendant, legal representative, comprehensive account, rights violation, legal basis, substantiate, evidence, testimonies, legal precedents. Different types of Kings New York Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing may include variations depending on the specific criminal charges involved. Some potential variants could be the Affidavit in Support of Motion to Dismiss Drug-Related Criminal Charges for Failure to Grant Show Cause Hearing, the Affidavit in Support of Motion to Dismiss Assault Charges for Failure to Grant Show Cause Hearing, or the Affidavit in Support of Motion to Dismiss Theft Charges for Failure to Grant Show Cause Hearing. These variations will address different circumstances and legal arguments specific to the nature of the charges in question.The Kings New York Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document that aims to provide detailed information and argumentation to support the motion to dismiss criminal charges. This affidavit is specifically designed for cases where the court failed to grant a show cause hearing for the defendant. In this affidavit, the defendant or their legal representative presents a comprehensive account of the situation, highlighting the reasons why the court's failure to grant a show cause hearing is a violation of the defendant's rights. The document articulates the legal basis for the motion to dismiss and substantiates it with relevant evidence, testimonies, and legal precedents. Keywords: Kings New York, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing, legal document, defendant, legal representative, comprehensive account, rights violation, legal basis, substantiate, evidence, testimonies, legal precedents. Different types of Kings New York Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing may include variations depending on the specific criminal charges involved. Some potential variants could be the Affidavit in Support of Motion to Dismiss Drug-Related Criminal Charges for Failure to Grant Show Cause Hearing, the Affidavit in Support of Motion to Dismiss Assault Charges for Failure to Grant Show Cause Hearing, or the Affidavit in Support of Motion to Dismiss Theft Charges for Failure to Grant Show Cause Hearing. These variations will address different circumstances and legal arguments specific to the nature of the charges in question.
