Terms
Complaint
A complaint is the formal document in a criminal or civil case that names the charges or accusations against the defendant. A complaint is also referred to as the charges, the indictment, or the accusation against the defendant in a criminal trial. A complaint is the initiating document in a civil lawsuit where monetary damages, divorce, or some other civil legal issue is in dispute.
A criminal case begins after a person has been arrested for committing a crime. The arrest may have been the product of a police search authorized via a judge-ordered search or arrest warrant. A police officer can also arrest a person if they have probable cause to believe that they were involved in the commission of a crime. Before an official complaint is filed, detailing the charges against the arrestee, the individual may be released or held in detention until a formal complaint is issued.
Following an arrest, the police will send the arrest report and other pertinent information to the district attorney's office. This prosecution team is responsible for reviewing the preliminary evidence to determine if charges should be filed against the individual by way of a formal legal complaint. Political and public interest factors can often influence a prosecutor's decision when filing a formal complaint. They will not only consider the facts of the specific case, but also the victim's views and interests and the good of society as a whole.
Particularly in a felony case, the prosecutor will seek the services of a grand jury to determine if and what charges will be filed in the complaint against the defendant. A grand jury is different from a trial jury in a number of ways. The grand jury is responsible for determining, based on the prosecutor's presentation of the facts, whether or not there is enough preliminary evidence to file a formal complaint against the defendant.
Whether or not a grand jury is employed to determine how to proceed, if a suspect is in custody they must legally be formally charged with a crime or released from jail within 48 to 72 hours. If the prosecution decides to file a complaint against the suspect, the formal charges will be announced at an arraignment hearing. This is often the first time the defendant will appear in court before a judge with reference to the legal matters at hand.
During the arraignment the official compliant will be presented. The "counts" will be read to the court, each of which identify how, when, and in what fashion the offense was allegedly committed. The court will ask the defendant if s/he understands the charges and advise him of his legal rights. The defendant will then have an opportunity to respond to the complaint, by announcing how s/he will plead to the charges in the complaint. The help of a qualified and experienced attorney is crucial during all criminal proceedings. To learn more about the legal complaint process, please contact us to speak with an attorney who can evaluate your case to determine how best to protect and maximize your legal interests.
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