Criminal Complaint

What is a criminal complaint?

A criminal complaint is a written statement of the essential facts constituting the offense charged. In federal court, except as provided in Rule 4.1, it must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. In New Jersey, complaints must be made by certification or on oath before a judge or other authorized person, except traffic complaints on Uniform Traffic Tickets and non-indictable complaints on the Special Form of Complaint and Summons. [1][10]

What does a criminal complaint contain, and where do these rules apply?

This page uses the federal rules and New Jersey's court rules as examples. It does not describe the rules of every state. [1][10]

Under both the federal rule and New Jersey's rule, a complaint is a written statement of the essential facts constituting the offense charged. Under federal rules, a magistrate judge may consider information communicated by telephone or other reliable electronic means when reviewing a complaint. In New Jersey, all complaints must be made by certification or on oath before a judge or other authorized person, except complaints for traffic offenses made on Uniform Traffic Tickets and complaints for non-indictable offenses made on the Special Form of Complaint and Summons. [2][10][1]

How does a complaint come up in a criminal case?

A complaint often comes at the very start of a case. In federal court, a judge issues an arrest warrant on a complaint that shows probable cause. If the government's attorney asks, the judge issues a summons, an order to appear in court, instead. [11]

A complaint can also follow an arrest. If a person is arrested in a federal case without a warrant, a complaint showing probable cause must be promptly filed in the district where the offense allegedly happened. [3]

At a federal initial appearance in a felony case, the judge must tell the defendant about the complaint and any affidavit filed with it. Local courts can also set filing logistics. For example, a Colusa County, California local rule addresses when criminal complaints are filed with the clerk before a defendant's first appearance. [12][13]

Who decides whether a complaint moves forward?

In federal court, if the complaint or one or more affidavits filed with it establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant. At the request of an attorney for the government, the judge must issue a summons instead of a warrant. [1][11]

New Jersey's rule refers to a judicial officer finding, from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it, and noting that finding on the warrant. The rule also refers to the law enforcement officer who made the complaint issuing the summons. If a judicial officer finds no probable cause, the officer must not issue a warrant or summons on the complaint. [4][5][6]

Is a criminal complaint the same as an indictment or an information?

No. The federal rule for misdemeanors and petty offenses lists them as separate charging documents: the trial of a misdemeanor may proceed on an indictment, an information, or a complaint. The trial of a petty offense may also proceed on a citation or violation notice. For more detail, see the related indictment and information definitions. [7][14]

Does filing a complaint mean a judge has found probable cause?

Not necessarily. New Jersey's rule says that a clerk's acceptance of a complaint does not mean probable cause has been found, and does not mean a complaint-warrant or complaint-summons has been issued. Those are separate steps that come later. [10]

Can a private citizen file a criminal complaint?

In New Jersey, court staff must accept a complaint for filing from any person. When a private citizen's complaint charges an indictable offense, the county prosecutor reviews it first and may approve, deny, or modify the charge. Only a judge may then issue it as a complaint-warrant or complaint-summons. [10][8]

What happens to a federal complaint if a judge finds no probable cause at a preliminary hearing?

Under the federal rule, if the magistrate judge finds no probable cause to believe an offense has been committed or that the defendant committed it, the magistrate judge must dismiss the complaint and discharge the defendant. The same rule states that this discharge does not stop the government from later prosecuting the defendant for the same offense. [9]