COMPLAINTS Ryan Henry Denton, Navarro, Rocha & Bernal
Notice of crime
Charging Instruments Indictment Information Complaint Citation ti
A complaint is the charging instrument that invokes the jurisdiction i of the court. See Ex Parte Greenwood,, 307 S.W.2d 586 (Tex.App Tex.App. Austin Austin 1982, pet ref.)
This document must contain sufficient i information to afford the accused notice of the charge against them to allow them to prepare a defense. C.C.P. 1.05 It needs the complaint elements to vest jurisdiction with the court.
Requisites of a Complaint Texas Code of Criminal Procedure 45.019 a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following seven requisites:
1) It must be in writing; 2) It must commence In the name and by the authority of the State of Texas ; 3) It must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused;
4) It must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state; Elements of Offense Location Culpable Mental State Victim s name
5) It must state the date the offense was committed as definitely as the affiant is able to provide; SOL (Art. 12.02-2years) inspection sticker example (20 business days) 6) It must bear the signature or mark of the affiant; and 7) It must conclude with the words Against the peace and dignity of the State and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words Contrary to the said ordinance.
45.019 continued b) If the complaint is filed in a justice court it must allege the offense was committed in the county in which the complaint is filed, or c) If the complaint is filed in a municipal court it must allege the offense was committed within the territorial limits of the municipality in which the complaint is made.
d) A complaint may be sworn to before any officer authorized to administer oaths. (see government code 602.002 for complete list) e) A complaint in a municipal court may be sworn to before: 1) The municipal judge; 2) The clerk of the court or a deputy clerk; 3) The city secretary; or 4) The city attorney or a deputy city attorney.
Citation A written notice to appear issued by a peace officer Most common form of initiating criminal procedure To properly initiate iti t a case, the citation ti must be filed with the court Article 14.06(b), C.C.P., provides authority for a peace officer to issue a citation for a Class C misdemeanor offense. (But not public intoxication)
Citation v Complaint Article 27.14(d), of the Texas Code of Criminal Procedure, provides that a written notice to appear (citation) for fine-only misdemeanor offenses may serve as a complaint for defendants to plead not guilty, guilty, or nolo contendere. A legible duplicate copy must have been given to the defendant. (Article 27.14(d), C.C.P.) [Attorney General Opinions JM-869 (1988) and JM-876 (1988)]
Important not to forget! When a defendant pleads NOT GUILTY When a defendant pleads after a written notice to appear has been filed with the court, a complaint shall be filed which complies with the requirements of Chapter 45, C.C.P. Defendant is entitled to a copy of the complaint one day before trial! Tex. C.C.P. art. 45.018 (b).
What to do during court! File a complaint reset the case. Defendant may waive the filing of a complaint. Waiver must be done in writing Signed by Defendant and Prosecutor Filed with the court. Tex. C.C.P. C art. 27.14(d)
Motion to Quash Unless objection is made, it is waived Objection may be oral or written. Tex. C.C.P. Article 45.021. If the Defendant makes an objection you can amend Amended d complaints must also be sworn. [Cannon v. State,, 925 S.W.2d 126 (Tex.App Tex.App. Amarillo Amarillo 1996, pet. ref d.)]
Don t get confused Complaint v Complaint
Chapter 15 of the Code of Criminal Procedure, in article 15.04, offers us a definition for complaint as an affidavit made before the magistrate or district or county attorney if it charges the commission of an offense. This article offers the definition utilized for obtaining arrest warrants and is intended to insure the existence of probable cause, give reasonable notice to the arrestee of what offense was committed, when and where the offense was committed, and to allow for reasonable identification of the accused by an arresting officer.
The End and Good Luck in Court