What is a show cause hearing?
Many people are familiar with an “arraignment” as the preliminary hearing in a criminal case. However, when you are accused of a misdemeanor, your first court date may be a “show cause hearing.” This means that a complaint against you has not been yet issued. Instead, you will appear before a clerk magistrate to determine if there is sufficient evidence to support the complaint.
The clerk magistrate will hear from the charging party, often the police department. The police officer present may simply read from the police report. You have the right to speak at this hearing as well. However, like any other stage in a case, you should consult an attorney before you talk about the accusations against you.
After hearing from both parties, the clerk magistrate will determine if there is probable cause to issue a compliant. Probable cause is a low standard – it is the same standard the police need to make an arrest.
You should consult with an attorney before the show cause hearing. An attorney can help you navigate the procedure, evaluate the strength of the evidence against you, and advise you on strategy at the hearing. You may also bring an attorney to represent you at the show cause hearing.
If you have been ordered to appear at a show cause hearing, call Mone Law to see if we can help you.