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
Salt Lake Utah Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing is a legal action taken by defendants in criminal cases in Salt Lake City, Utah. This motion is filed when there has been a failure by the prosecution to provide proper notice or grant a show cause hearing, which is a violation of the defendant's rights. A motion to dismiss criminal charges for failure to notice and grant a show cause hearing is typically filed by the defense attorney on behalf of the defendant. It is based on the premise that the prosecution has failed to fulfill its legal responsibilities in notifying the defendant of the charges against them or granting them an opportunity to present evidence and arguments in their defense during a show cause hearing. In Salt Lake Utah, there may be various types of motions to dismiss criminal charges for failure to notice and grant show cause hearings, including: 1. Failure to Provide Notice: This motion argues that the prosecution has not properly notified the defendant of the criminal charges, which is a violation of their constitutional rights. The defense may argue that without proper notice, the defendant has been denied the opportunity to prepare an adequate defense. 2. Failure to Grant Show Cause Hearing: This motion asserts that the prosecution has failed to grant the defendant a show cause hearing, where they could present evidence, witnesses, or arguments to contest the charges. The defense may argue that this denial of a fair hearing infringes upon the defendant's due process rights. 3. Insufficient Evidence: In some cases, the defendant may file a motion to dismiss if they believe there is not enough credible evidence to support the criminal charges against them. They may argue that without proper evidence, there is no basis for the charges to proceed, and thus, they should be dismissed. 4. Violation of Constitutional Rights: This type of motion alleges that the defendant's constitutional rights have been violated in the course of the criminal proceedings, due to the failure to provide notice or grant a show cause hearing. The defense may argue that this violation warrants dismissal of the charges. It is important to note that the specific arguments and legal strategies for a Salt Lake Utah Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing may vary depending on the circumstances of each case and the expertise of the defense attorney.Salt Lake Utah Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing is a legal action taken by defendants in criminal cases in Salt Lake City, Utah. This motion is filed when there has been a failure by the prosecution to provide proper notice or grant a show cause hearing, which is a violation of the defendant's rights. A motion to dismiss criminal charges for failure to notice and grant a show cause hearing is typically filed by the defense attorney on behalf of the defendant. It is based on the premise that the prosecution has failed to fulfill its legal responsibilities in notifying the defendant of the charges against them or granting them an opportunity to present evidence and arguments in their defense during a show cause hearing. In Salt Lake Utah, there may be various types of motions to dismiss criminal charges for failure to notice and grant show cause hearings, including: 1. Failure to Provide Notice: This motion argues that the prosecution has not properly notified the defendant of the criminal charges, which is a violation of their constitutional rights. The defense may argue that without proper notice, the defendant has been denied the opportunity to prepare an adequate defense. 2. Failure to Grant Show Cause Hearing: This motion asserts that the prosecution has failed to grant the defendant a show cause hearing, where they could present evidence, witnesses, or arguments to contest the charges. The defense may argue that this denial of a fair hearing infringes upon the defendant's due process rights. 3. Insufficient Evidence: In some cases, the defendant may file a motion to dismiss if they believe there is not enough credible evidence to support the criminal charges against them. They may argue that without proper evidence, there is no basis for the charges to proceed, and thus, they should be dismissed. 4. Violation of Constitutional Rights: This type of motion alleges that the defendant's constitutional rights have been violated in the course of the criminal proceedings, due to the failure to provide notice or grant a show cause hearing. The defense may argue that this violation warrants dismissal of the charges. It is important to note that the specific arguments and legal strategies for a Salt Lake Utah Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing may vary depending on the circumstances of each case and the expertise of the defense attorney.
