COMPLAINTS. Table of Contents

Similar documents
JUVENILES. For forms related to civil cases for truant conduct, see the Texas Truancy Resource Manual for truancy courts.

WARRANTS & CAPIASES Table of Contents

Notice of crime

JUVENILES NOW ADULTS: YES, THEY STILL NEED OUR ATTENTION

BOND FORFEITURE Table of Contents

Sealing & Expunging Records

For Preview Only - Please Do Not Copy

FEES FOR FILING A PETITION TO SEAL/EXPUNGE $1.35 FEE TO PURCHASE A SEAL/EXPUNGE PACKET

Form DC-338 AFFIDAVIT FOR SEARCH WARRANT Form DC-338

Robert Splawn, Presiding Judge Municipal Court City of Canyon Randall County, Texas JUDGES S STANDING ORDER NO. 6 DEFERRED DISPOSITION

CITATIONS & COMPLAINTS

DEFERRED PROCEEDINGS

Municipal court 622 E, MARKET STREET ROCKPORT, TEXAS FAX (361) (361) ext. 237

PETITION TO EXPUNGE CRIMINAL RECORD

PRIMARY PETITION NOMINATING CANDIDATE(S) FOR MUNICIPAL OFFICE(S)

Marion County Attorney s Office 214 E. Main Knoxville, IA (641) TO ALL BUSINESSES/PERSONS UTILIZING THE BAD CHECK PROCEDURE

Administrative Search Warrants for Fire, Health, and Code Inspections. Course objectives. Why is this course important to you?

Individuals & Businesses Filing Check Deception Complaints. Elkhart County Prosecutor s Office, Check Deception Division

Magistrate Court of Cherokee County The Warrant Application Process

Robert Splawn, Presiding Judge Municipal Court City of Canyon Rand all County, Texas

DRAFTING ENFORCEABLE ORDINANCES David Johnson, Chief Prosecutor, Arlington

APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE BULLOCH COUNTY GEORGIA. Complete application in its entirety **Updated on 08/27/2012**

PETITION: EVICTION CASE CASE NO. 4LT With suit for Rent COURT DATE:

CRIMINAL TRESPASS AFFIDAVIT

ALCOHOLIC BEVERAGE APPLICATION CITY OF MOULTRIE APPLICATION INSTRUCTIONS / REQUIREMENTS

TABLE OF CONTENTS. Introduction. The Citizen Initiative Process

TRANSIENT MERCHANT LICENSE APPLICATION

IN THE MUNICIAPL COURT OF STARKVILLE, MISSISSIPPI. Cause No. PETITION FOR NONADJUDICATION FOLLOWING ENTRY OF GUILTY PLEA DUI OTHER SUBSTANCE

Learning Station #5 LEVEL ONE-13

Racial Profiling and Complaint Procedures

Information or instructions: Motion Order Affidavit for substituted service package PREVIEW

CHARACTERS IN THE COURTROOM

g. If the above requirements are met, accept the See TMCEC Forms Book: Plea

PETITIONER'S RESPONSIBILITIES - HAL MARCHMAN ACT

Information or instructions: Plea in abatement motion & Order to quash service Alternate Form

PETITION FOR INVOLUNTARY EXAMINATION ON EX PARTE ORDER

Non-Appearance Violations

SECURING EXECUTION OF DOCUMENT BY DECEPTION

ATLANTA POLICE DEPARTMENT PERSONAL HISTORY RECORD

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM (f) PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (11/15)

CITY OF STERLING HEIGHTS RENEWAL OF BODY ART FACILITY LICENSE

TEXAS RIOGRANDE LEGAL AID

STEPHENS COUNTY CHECK LIST FOR FILING ALCOHOLIC BEVERAGE LICENSE APPLICATION NEW APPLICATIONS

ATLANTA POLICE DEPARTMENT PERSONAL HISTORY RECORD. Name in FULL (Please Print) Address: Telephone: Place of Birth Date of Birth: Age:

Petition to Change the Name of an Adult

Instructions for Sealing a Criminal Record. (Expungement)

APPLICATION FOR MOBILE FOOD VENDOR

BIRTH CERTIFICATE AMENDMENT

Warrants, Capias and Capias Pro Fines

For Preview Only - Please Do Not Copy

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM (t) PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING (11/15)

IN THE MUNICIPAL COURT OF DELAWARE COUNTY, OHIO CRIMINAL/TRAFFIC DIVISION PLEA IN ABSENTIA

MOTION FOR PARENTING TIME

Texas RioGrande Legal Aid

SOUTH DAKOTA CODIFIED LAWS TITLE 7. COUNTIES CHAPTER 9A. UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT

Instructions for Pro Se Expungement of No Conviction Record

PETITION FOR EXPUNGEMENT OF RECORDS (Section et seq., Ala. Code 1975)

CORPORATIONS AND ASSOCIATIONS

***FOR BACKGROUND CHECK ONLY***

For Preview Only - Please Do Not Copy

CITY OF STERLING HEIGHTS BODY ART FACILITY LICENSE. Full Name Age Date of Birth

For Preview Only - Please Do Not Copy

RULE 5. Initiated Ordinance Petitions. (Enacted 6/06/12)

THE FOLLOWING ITEMS MUST BE SENT IN WITH YOUR APPLICATION IN ORDER FOR IT TO BE CONSIDERED COMPLETE:

CHAPTER 2 SEARCH WARRANTS, ARREST WARRANTS, AND OTHER WRITS

STATE OF MARYLAND * IN THE * CIRCUIT COURT vs. * FOR * * CASE NO.

Overview of Pretrial & Trial Procedure. Basic Concepts. What is Proof (Evidence) David Hamilton City Attorney Reno & Honey Grove Tx.

TITLE 1 LUMMI NATION CODE OF LAWS TRIBAL COURT ESTABLISHMENT AND ADMINISTRATION

Auto accident Motion for Summary Judgment complete package

Submit photograph of applicant (must be at least 2 x 2 ). Attach photo to application on page provided.

JUSTICE COURT CIVIL CASE INFORMATION SHEET ( )

EVICTION IMPORTANT NOTICE:

Complete one Personal History Form.

COUNTY SHERIFF S OFFICE SERVICE INFORMATION FOR INJUNCTIONS FOR PROTECTION

TOM GREEN COUNTY BAIL BOND CORPORATE SURETY LICENSE APPLICATION

When should this form be used? IMPORTANT INFORMATION REGARDING E-FILING. What should I do next?

Information & Instructions: Motion to dissolve writ of garnishment. 1. A Motion to dissolve a Writ of Garnishment should set forth the following:

IN THE EIGHTEENTH JUDICIAL DISTRICT MUNICIPAL COURT OF DERBY, KANSAS

APPLICATION FOR SECOND HAND DEALER LICENSE

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS

UNLAWFUL DETAINER (not Eviction)

Scenarios: Implementing SB 1913/HB

State Commission on Judicial Conduct

WARRANTS. The Clerks Role. Warrant Quiz. Prepare Documents. Process Warrants for Signature

PETITION FOR EXPUNGEMENT OF RECORDS (Section et seq., Ala. Code 1975)

Take me back to the Home Page. NotaryClasses.com Sample Notary Exam 1 FINES and PENALTIES

LIQUOR LICENSE APPLICATION

South Dakota Notary Public Handbook (SDCL 18 1)

Supreme Court of Florida

Title 13. Tribal Court

TEXAS RIOGRANDE LEGAL AID

Referendum. Guidelines

CITY OF CALHOUN CHECKLIST

TO: CHRISTOPHER J. DURKIN, CLERK OF THE COUNTY OF ESSEX. Residence Address

MAGISTRATE DUTIES. Table of Contents

Feedback on the attached documents should be sent to the National Center on Full Faith and Credit at 800/ , ext. 2 or

Texas RioGrande Legal Aid

TEMPORARY INJUNCTION FOR PROTECTION AGAINST STALKING

FORMS. for the term beginning I9o.. Dated at N. Y., the day of I9o

INSTRUCTIONS FOR LICENSED FUNERAL DIRECTORS ACTING UNDER THE NOTARIES AND COMMISSIONERS ACT

Transcription:

COMPLAINTS

COMPLAINTS Table of Contents Model Complaint for State Law Violations... 6 Model Complaint for City Ordinance Violations... 7 Model Application for Citizen Complaint... 8 Editor s Note: Sample complaints for several state law offenses can now be found on the TMCEC website at: www.tmcec.com/resources/complaints. TMCEC encourages cities to submit model complaints for various state law Class C misdemeanors to help build the Complaint Bank. This chapter includes a model complaint for state law offenses and city ordinance violations, showing the statutory requirements for a complaint under Article 45.019, C.C.P. Also included is a model application for a citizen wishing to file a complaint against another citizen in the municipal court. Upon review of this application, the city prosecutor would determine whether to file a complaint (formal charging instrument) against a defendant under Article 45.019, C.C.P. The citizen-complainant could then sign the complaint as affiant. Note, however, that in municipal court, anyone can file a complaint and swear to it as affiant. Thus, this application process is not legally necessary, just a suggested form for cities that choose to implement a policy providing for prosecutor review.

MODEL COMPLAINT FOR STATE LAW VIOLATIONS (Art. 45.019, C.C.P.) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS In the name and by the authority of the State of Texas: I, the undersigned affiant, do solemnly swear that I have good reason to believe and do believe that, hereinafter called the Defendant, on or about the day of, 20, and before the making and filing of this complaint, in the territorial limits of the City of, and the State of Texas, the Defendant did then and there (allege culpable mental state: intentionally, knowingly, recklessly, or with criminal negligence; include all elements of the offense, including the name of the victim or location if that is an element; and negate any exceptions permitted by statute). Against the peace and dignity of the State. Affiant Sworn and subscribed before me by, a credible person, this day of, 20. (municipal court seal) (Clerk)(Deputy Clerk), Municipal Court City of County, Texas Editor s Note: Although complaints in municipal court are often sworn to before a court clerk or deputy clerk, the jurat (person before whom the affiant swear to the complaint) can also be the judge, city attorney, deputy city attorney, or city secretary. Art. 45.019(e), C.C.P. COMPLAINTS 08/11 TMCEC 2011 FORMS BOOK 6

MODEL COMPLAINT FOR CITY ORDINANCE VIOLATIONS (Art. 45.019, C.C.P.) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS In the name and by the authority of the State of Texas: I, the undersigned affiant, do solemnly swear that I have good reason to believe and do believe that, hereinafter called the Defendant, on or about the day of, 20, and before the making and filing of this complaint, in the territorial limits of the City of, and the State of Texas, the Defendant did then and there (allege culpable mental state: intentionally, knowingly, recklessly, or with criminal negligence; include all elements of the offense, including the name of the victim or location if that is an element; and negate any exceptions permitted by the ordinance). Against the peace and dignity of the State and contrary to the said ordinance. Affiant Sworn and subscribed before me by, a credible person, this day of, 20. (municipal court seal) (Clerk)(Deputy Clerk), Municipal Court City of County, Texas Editor s Note: Although complaints in municipal court are often sworn to before a court clerk or deputy clerk, the jurat (person before whom the affiant swear to the complaint) can also be the judge, city attorney, deputy city attorney, or city secretary. Art. 45.019(e), C.C.P. COMPLAINTS 08/11 TMCEC 2011 FORMS BOOK 7

MODEL APPLICATION FOR CITIZEN COMPLAINT (Page 1 of 3) TO: CITIZEN COMPLAINANT WISHING TO FILE A COMPLAINT AGAINST ANOTHER CITIZEN THESE SPECIFIC POINTS ARE UNDERSTOOD BY THE UNDERSIGNED: 1) The citizen must, in good faith, make full, fair, and honest disclosure of all facts and circumstances known to him/her at the time this application for complaint is filed. The facts, as presented, must be in the form of an affidavit and provided under oath. Said affidavit will form the basis of any further investigation and the charging instrument. 2) The citizen-complainant must be sworn and sign both the application for complaint and the complaint (when prepared by the city prosecutor). 3) The citizen-complainant must be willing to appear in Court to testify against the defendant if the charges are contested (i.e., the accused pleads not guilty). 4) The prosecutor reserves the right to subpoena the presence of the citizen-complainant and enforce the subpoena by ordering a police officer to bring the citizen-complainant to Court. 5) The defendant may file a counter-complaint if the citizen-complainant has also been involved in some illegal activity. Please be advised that any statement made at this time or in the future to a police officer, prosecutor, or other city investigative personnel may be used against you should the counter-complaint go forward to trial. Please be advised that when speaking to the prosecutor, the prosecutor represents the State of Texas, and no attorney-client relationship is established by any communications with regard to the application for the complaint or any matters related thereto. 6) Once this complaint is accepted by the prosecutor and filed with the court, only the judge, upon recommendation of the prosecutor, has the authority to dismiss a complaint. Citizen-Complainant Signature Date COMPLAINTS 08/11 TMCEC 2011 FORMS BOOK 8

MODEL APPLICATION FOR CITIZEN COMPLAINT (Page 2 of 3) APPLICATION FOR COMPLAINT DATE: COMPLAINANT S NAME: NAME OF DEFENDANT: PLACE OF EMPLOYMENT: DESCRIPTION OF DEFENDANT RACE: SEX: DATE OF BIRTH: WEIGHT: BODY STYLE: AGE: VEHICLE INFORMATION (IF APPLICABLE) MODEL: MAKE: YEAR: COLOR: BODY STYLE: SPECIAL FEATURES: LICENSE PLATE: STATE OF REGISTRATION: DATE OF OFFENSE: TIME OF OFFENSE: LOCATION OF OFFENSE: TYPE OF PREMISES: WHAT IS YOUR COMPLAINT? (Describe with as much detail as possible use as many pages as necessary to fully, fairly, and honestly relate all material facts and circumstances.) COMPLAINTS 08/11 TMCEC 2011 FORMS BOOK 9

MODEL APPLICATION FOR CITIZEN COMPLAINT (Page 3 of 3) LIST OF WITNESSES (Use additional pages if necessary.) NAME: NAME: NAME: I swear that the statements made herein are within my personal knowledge and are true and correct. Citizen Complainant s Signature Date Court Clerk s Signature Filing Date DO NOT WRITE BELOW THIS LINE REVIEWED BY: (City Prosecutor) RECOMMENDATION: COMPLAINTS 08/11 TMCEC 2011 FORMS BOOK 10