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

State:
Multi-State
County:
Tarrant
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.

Tarrant Texas Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document submitted by the accused or their attorney to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit aims to provide detailed evidence and arguments, supported by relevant case law, proving that the failure to hold a show cause hearing violated the defendant's constitutional rights to due process. Keywords: Tarrant Texas, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing, legal document, accused, attorney, request, dismissal, court, evidence, arguments, case law, constitutional, rights, due process. There are no specific different types of Tarrant Texas Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing as the main purpose remains the same, which is to assert that the failure to provide a show cause hearing has infringed upon the defendant's rights. However, this affidavit may vary in content and structure depending on the specifics of the case, such as the charges involved, evidence available, and legal arguments to be presented.

Tarrant Texas Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing is a legal document submitted by the accused or their attorney to request the dismissal of criminal charges due to the failure of the court to grant a show cause hearing. This affidavit aims to provide detailed evidence and arguments, supported by relevant case law, proving that the failure to hold a show cause hearing violated the defendant's constitutional rights to due process. Keywords: Tarrant Texas, affidavit, motion to dismiss, criminal charges, failure to grant, show cause hearing, legal document, accused, attorney, request, dismissal, court, evidence, arguments, case law, constitutional, rights, due process. There are no specific different types of Tarrant Texas Affidavit in Support of Motion to Dismiss Criminal Charges for Failure to Grant Show Cause Hearing as the main purpose remains the same, which is to assert that the failure to provide a show cause hearing has infringed upon the defendant's rights. However, this affidavit may vary in content and structure depending on the specifics of the case, such as the charges involved, evidence available, and legal arguments to be presented.

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