criminal complaint
A criminal complaint is a document that
charges a defendant with a crime.
Criminal
cases normally start with an arrest. But not always, and not all arrests result
in criminal cases. Most of the time, what really gets a case going is the
filing of an official document with the court—often called a “complaint.”
Complaints
serve at least a couple purposes:
- providing
some kind of showing that the government has a legitimate reason to
prosecute the defendant and
- clearly
informing defendants of the allegations against them.
-
The complaint includes some kind of description of the
accusations against the defendant.
Getting
started
Normally,
the police arrest someone, then submit a report to the local prosecuting
office. That office then decides whether to file charges against the suspect.
If the prosecutor responsible for the filing decision thinks there’s enough
evidence and the case is worth prosecuting, the office files a complaint.
(Complaints can also come before the point of arrest; in some states, one has
to be filed before a judge can issue an arrest warrant). charges come about
from a “formal complaint” issued by an officer or a citizen. After a complaint
is filed and the first court appearance, the prosecutor’s office in the
relevant county decides whether to go ahead with a “criminal complaint.”
In many
jurisdictions, the defendant is presented with the complaint at the first court
appearance, often called an “arraignment” or “initial appearance.”
What
Complaints Look Like
Criminal
complaints tend to look similar, particularly within the same county or court.
Prosecuting offices have templates that they adjust depending on the case at
hand.
A
complaint normally has a caption at the top indicating:
- the
court where the case is being filed
- the
party filing the complaint (for example, “The People of the State of
California” or “United States of America” or “United kingdom” or “Australia” or “ (
Germany)Deutschland” or “Switzerland” or
“Austria” ), and
- the
defendant.
The
complaint then includes some kind of description of the accusations against the
defendant. Where there are multiple counts, each gets its own number and
paragraph or section. The bottom of the complaint normally has at least one
signature line, for the person filing the complaint.
Who Can
File a Complaint
Again,
the typical party to file a criminal complaint is the prosecutor’s office with
jurisdiction over the offense. In some states, a private citizen can apply for
a complaint, but there’s no guarantee that a complaint will actually be filed.
In one
case, for instance, a Massachusetts court confirmed that a corporation had the
right to file applications for criminal complaints against customers who paid
for items with bad checks. But the court also said that the corporation’s right
didn’t mean the judge had to actually issue the requested complaints.
What
Complaints Include
Complaints
have to meet standard requirements. The must-haves typically include the
defendant's name and a statement of when, at least approximately, the crime
happened.
Prosecutors
normally don’t need to use a precise set of words in their complaints, as long
as they provide reasonable notice of the charges the defendant faces. The
complaint is supposed to state the essentials of the offense that the
defendant purportedly committed. If it doesn’t, then the complaint is open to
challenge by the defense. For example, if a complaint charging hit and
run says only that the defendant was involved in a car accident—not
that he failed to stop, provide identification, or offer help—then it has
probably failed.
Even
when prosecutors have made a mistake in a complaint, though, they often have
the opportunity to fix the error. If, say, the judge dismisses the complaint
after the defense shows that the facts described in the complaint don’t make
for a crime, the prosecution may well have a chance to refile charges.
Getting
Help
To understand the procedure in your jurisdiction—from arrest to complaint
and beyond—consult an experienced criminal attorney. A lawyer familiar with the
system should be able to explain your options and protect your rights. the
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