Santa Ana California Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing

State:
Multi-State
City:
Santa Ana
Control #:
US-02610BG
Format:
Word; 
Rich Text
Instant download

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.

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One of the most populated cities in Orange County?and often referred to as Downtown Orange County?Santa Ana is a lively place to experience coastal weather, cultural amenities, and delicious local fare.

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Approximately four-fifths Hispanic or Latino, Santa Ana has been characterized by The New York Times as the "face of a new California, a state where Latinos have more influence in everyday life?electorally, culturally and demographically?than almost anywhere else in the country."

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Santa Ana California Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing