COMPLAINTSCOMPLAINTS

Ryan HenryRyan HenryDenton, Navarro, Rocha & BernalDenton, Navarro, Rocha & Bernal, ,, ,

Notice of c imeNotice of crime

Cha ging Inst mentsCha ging Inst mentsCharging InstrumentsCharging Instruments

IndictmentIndictmentInformationInformationInformationInformationComplaintComplaint

Cit tiCit tiCitationCitation

A complaint is the chargingA complaint is the chargingA complaint is the charging A complaint is the charging instrument that invokes the instrument that invokes the

j i di i f hj i di i f hjurisdiction of the court.jurisdiction of the court.See See Ex Parte GreenwoodEx Parte Greenwood, 307 S.W.2d 586 (, 307 S.W.2d 586 (Tex.AppTex.App..——Austin 1982, pet Austin 1982, pet

ref )ref )ref.)ref.)

This document must contain This document must contain ffi i t i f ti t ff d thffi i t i f ti t ff d thsufficient information to afford the sufficient information to afford the

accused notice of the charge against accused notice of the charge against th t ll th tth t ll th tthem to allow them to prepare a them to allow them to prepare a defense. C.C.P. 1.05defense. C.C.P. 1.05It needs the complaint elements to It needs the complaint elements to vest jurisdiction with the court. vest jurisdiction with the court.

Requisites of a ComplaintRequisites of a ComplaintRequisites of a ComplaintRequisites of a ComplaintTexas Code of Criminal Texas Code of Criminal

P d 45 019P d 45 019Procedure 45.019Procedure 45.019

a)a) A complaint is sufficient, A complaint is sufficient, p ,p ,without regard to its form, if without regard to its form, if it substantially satisfies theit substantially satisfies theit substantially satisfies the it substantially satisfies the following seven requisites:following seven requisites:

1)1) It must be in writing;It must be in writing;It m st commence “In the nameIt m st commence “In the name2)2) It must commence “In the name It must commence “In the name and by the authority of the State and by the authority of the State of Texas”;of Texas”;

3)3) It must state the name of theIt must state the name of the3)3) It must state the name of the It must state the name of the accused, if known, or if unknown, accused, if known, or if unknown, must include a reasonably definitemust include a reasonably definitemust include a reasonably definite must include a reasonably definite description of the accused;description of the accused;

4)4) It must show that the accused has It must show that the accused has committed an offense against the law of committed an offense against the law of this state, or state that the affiant has this state, or state that the affiant has

d b li d d b lid b li d d b ligood reason to believe and does believe good reason to believe and does believe that the accused has committed an that the accused has committed an offense against the law of this state;offense against the law of this state;offense against the law of this state;offense against the law of this state;

Elements of OffenseElements of OffenseLocationLocationLocationLocationCulpable Mental StateCulpable Mental StateVi ti ’Vi ti ’Victim’s nameVictim’s name

5)5) It must state the date the offense was It must state the date the offense was committed as definitely as the affiant iscommitted as definitely as the affiant iscommitted as definitely as the affiant is committed as definitely as the affiant is able to provide; able to provide;

SOL (Art 12 02SOL (Art 12 02 -- 2 years)2 years)•• SOL (Art. 12.02 SOL (Art. 12.02 -- 2 years)2 years)•• inspection sticker example (20 business inspection sticker example (20 business

days)days)days)days)6)6) It must bear the signature or mark of the It must bear the signature or mark of the

affiant; andaffiant; andaffiant; andaffiant; and7)7) It must conclude with the words “Against It must conclude with the words “Against

the peace and dignity of the State” and, if the peace and dignity of the State” and, if p g y ,p g y ,the offense charged is an offense only the offense charged is an offense only under a municipal ordinance, it may also under a municipal ordinance, it may also conclude with the words “Contrary to the conclude with the words “Contrary to the said ordinance”.said ordinance”.

45.019 continued45.019 continuedb)b) If the complaint is filed in a If the complaint is filed in a

justice court it must allege the justice court it must allege the offense was committed in theoffense was committed in theoffense was committed in the offense was committed in the county in which the complaint is county in which the complaint is filed orfiled orfiled, orfiled, or

c)c) If the complaint is filed in aIf the complaint is filed in ac)c) If the complaint is filed in a If the complaint is filed in a municipal court it must allege the municipal court it must allege the offense was committed within the offense was committed within the territorial limits of the territorial limits of the municipality in which the municipality in which the

l i t i dl i t i dcomplaint is made.complaint is made.

d)d) A complaint may be sworn to A complaint may be sworn to before any officer authorized to before any officer authorized to administer oathsadminister oathsadminister oaths.administer oaths.

(see government code 602.002 for complete list)(see government code 602.002 for complete list)

e)e) A complaint in a municipal courtA complaint in a municipal courte)e) A complaint in a municipal court A complaint in a municipal court may be sworn to before:may be sworn to before:

1)1) The municipal judge;The municipal judge;)) p j g ;p j g ;2)2) The clerk of the court or a deputy clerk;The clerk of the court or a deputy clerk;3)3) The city secretary; orThe city secretary; or4)4) The city attorney or a deputy city The city attorney or a deputy city

attorney.attorney.

CitationCitationCitationCitationA written notice to appear issued by aA written notice to appear issued by aA written notice to appear issued by a A written notice to appear issued by a peace officerpeace officerMost common form of initiating criminalMost common form of initiating criminalMost common form of initiating criminal Most common form of initiating criminal procedureprocedureT l i iti t th it tiT l i iti t th it tiTo properly initiate a case, the citation To properly initiate a case, the citation must be filed with the courtmust be filed with the courtArticle 14.06(b), C.C.P., provides authority Article 14.06(b), C.C.P., provides authority for a peace officer to issue a citation for a for a peace officer to issue a citation for a Class C misdemeanor offense. Class C misdemeanor offense. (But not public (But not public intoxication) intoxication)

Citation ComplaintCitation ComplaintCitation v ComplaintCitation v Complaint

Article 27.14(d), of the Texas Code of Criminal Article 27.14(d), of the Texas Code of Criminal Procedure, provides that a written notice to Procedure, provides that a written notice to appear (citation) for fineappear (citation) for fine--only misdemeanor only misdemeanor offenses may serve as a complaint for offenses may serve as a complaint for defendants to plead not guilty guilty ordefendants to plead not guilty guilty or nolonolodefendants to plead not guilty, guilty, or defendants to plead not guilty, guilty, or nolonolocontenderecontendere..A legible duplicate copy must have been givenA legible duplicate copy must have been givenA legible duplicate copy must have been given A legible duplicate copy must have been given to the defendant. (Article 27.14(d), C.C.P.) to the defendant. (Article 27.14(d), C.C.P.) [Attorney General Opinions JM[Attorney General Opinions JM--869 (1988) and869 (1988) and[Attorney General Opinions JM[Attorney General Opinions JM 869 (1988) and 869 (1988) and JMJM--876 (1988)]876 (1988)]

Impo tant not to fo get!Impo tant not to fo get!Important not to forget!Important not to forget!

When a defendant pleads When a defendant pleads NOT GUILTY NOT GUILTY after a written notice to appear has beenafter a written notice to appear has beenafter a written notice to appear has been after a written notice to appear has been filed with the court, a complaint “shall” be filed with the court, a complaint “shall” be filed which complies with the requirementsfiled which complies with the requirementsfiled which complies with the requirements filed which complies with the requirements ofof Chapter 45, C.C.P.Chapter 45, C.C.P.Defendant is entitled to a copy of theDefendant is entitled to a copy of theDefendant is entitled to a copy of the Defendant is entitled to a copy of the complaint one day before trial! Tex. C.C.P. complaint one day before trial! Tex. C.C.P. art 45 018 (b)art 45 018 (b)art. 45.018 (b). art. 45.018 (b).

What to do d ing co t!What to do d ing co t!What to do during court!What to do during court!

File a complaint File a complaint –– reset the case.reset the case.Defendant may waive the filing of aDefendant may waive the filing of aDefendant may waive the filing of a Defendant may waive the filing of a complaint.complaint.

Waiver must be done in writingWaiver must be done in writingWaiver must be done in writingWaiver must be done in writingSigned by Defendant and ProsecutorSigned by Defendant and ProsecutorFiled with the court Tex C C P art 27 14(d)Filed with the court Tex C C P art 27 14(d)Filed with the court. Tex. C.C.P. art. 27.14(d)Filed with the court. Tex. C.C.P. art. 27.14(d)

Motion to Q ashMotion to Q ashMotion to QuashMotion to Quash

Unless objection is made, it is waivedUnless objection is made, it is waivedObjection may be oral or written TexObjection may be oral or written TexObjection may be oral or written. Tex. Objection may be oral or written. Tex. C.C.P. Article 45.021. C.C.P. Article 45.021. If the Defendant makes an objection youIf the Defendant makes an objection youIf the Defendant makes an objection you If the Defendant makes an objection you can amendcan amendA d d l i t t l bA d d l i t t l bAmended complaints must also be sworn. Amended complaints must also be sworn. [[Cannon v. StateCannon v. State, 925 S.W.2d 126 , 925 S.W.2d 126 ((T AT A A ill 1996 tA ill 1996 t f’df’d )])]((Tex.AppTex.App..——Amarillo 1996, pet. Amarillo 1996, pet. ref’dref’d.)].)]

Don’t get conf sedDon’t get conf sedDon’t get confusedDon’t get confused

Complaint v ComplaintComplaint v Complaint

Chapter 15 of the Code of Criminal Procedure, in Chapter 15 of the Code of Criminal Procedure, in article 15 04 offers us a definition forarticle 15 04 offers us a definition forarticle 15.04, offers us a definition for article 15.04, offers us a definition for “complaint” as an affidavit made before the “complaint” as an affidavit made before the magistrate or district or county attorney if it magistrate or district or county attorney if it g y yg y ycharges the commission of an offense. charges the commission of an offense. This article offers the definition utilized for This article offers the definition utilized for obtaining obtaining arrestarrest warrants and is intended to warrants and is intended to insure the existence of probable cause, give insure the existence of probable cause, give

bl ti t th t f h tbl ti t th t f h treasonable notice to the arrestee of what reasonable notice to the arrestee of what offense was committed, when and where the offense was committed, when and where the offense was committed and to allow foroffense was committed and to allow foroffense was committed, and to allow for offense was committed, and to allow for reasonable identification of the accused by an reasonable identification of the accused by an arresting officer. arresting officer. gg

The End and Good Luck in C tCourt