Criminal complaint - sustany/dvg GitHub Wiki

A �criminal complaint� is a self-contained�charge�that sets forth the sufficient�facts�that, with reasonable�inferences, allow a person to reasonably conclude that a�crime�was likely committed and that the suspect/defendant, is likely�culpable.

A criminal complaint is also known as a�felony�complaint, and is slightly different from a�civil complaint. Instead of an individual filing the complaint, the government usually files the criminal complaint against the individual. However, some states do allow individuals to file criminal complaints. Essentially, it�s a judicial order, a court-issued document that charges the�defendant�with specific�crimes.

As the name implies, an individual is charged with a�crime via the criminal complaint.�

  • Usually in�criminal cases, the police first�arrest�the defendant and then file a report to the local�prosecutor.
  • Then, the�prosecutor�decides whether to formally process charges against the defendant.
  • The prosecutor�s decision to�charge�the defendant with the�crime�is based on whether there is enough�evidence�and if the case is worthy the�prosecutor�s time.
  • In some states, the criminal complaint must be filed before the court issues an�arrest warrant.

The processes for a complaint vary throughout�jurisdictions, and it is normally the�prosecutor�who determines whether to present the criminal complaint to the�court.�

Criminal complaints are normally first started with the�application for a�complaint, along with an affidavit by the�complainant, which is titled an�affidavit�of�probable cause.�The judge examines the statements in the application and�affidavit. In some instances, the judge will hold a hearing with�notice�to the defendant�to examine all the statements. If the judge is satisfied that there is sufficient�probable cause�that the individual in the�complaint committed the specified crimes, the judge signs and issues the�complaint. Sometimes, the�complaint results in an�arrest warrant.�In other instances, the judge issues a compatible�warrant.�

Statutes�normally limit filing an application for a complaint to the police officers,�prosecutors, victims, or witnesses.