How to file a criminal complaint

By capeside

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How to file a criminal complaint when the police were not initially involved

Instructions

Difficulty: Easy

Things You’ll Need:

  • Correct names, address, and if possible dates of birth

Step1
To file an Application For Criminal Complaint, you first must go to the local Police Station in the jurisdiction closest to where the offense took place. A Police Incident Report must be filled out and obtained from the Police Station. Retrieve a copy of the incident report, and then report to the Courthouse in the correct jurisdiction where the offense took place.
Step2
The court will assist in filling out an Application For Criminal Complaint. When completed a hearing will be scheduled and the defendant will be notified by mail. Both parties will be required to attend. The incident report must include and verify the correct address of the defendant where he/she can be sent a summons to appear at you local court. If the address is not provided the Court will not be able to proceed by way of hearing.
Step3
If the complainant fails to appear, the application may be denied without prejudice. The burden of probable cause rests solely on the complainant. The defendant may or may not secure counsel for the hearing. An attorney is not appointed for this proceeding.

Tips & Warnings

  • Be precise...

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eHow Article:  How to file a criminal complaint

eHow Member: capeside

capeside

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Category: Legal

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