How a criminal case begins

There are four common ways to begin a criminal case:

a) the filing of a complaint by a private citizen;

b) the return of an indictment by a grand jury;

c) in certain cases, a proper arrest without a warrant, followed by the filing of a complaint;

d) the issuance of a summons or citation.

Complaint. A criminal case can begin when a person goes to court and files a complaint that another person has committed an offense. The complaint is followed by an arrest warrant or a summons which is served on the defendant by a peace officer. The arrest or service of summons constitutes service of process which, as in civil cases, gives the accused notice of the case against him.

The complaint in a criminal case is a statement of the essential facts constituting the crime charged. It must designate the statute or ordinance which the accused is alleged to have violated. A warrant is executed by arresting the defendant and taking him into custody. An officer can issue a summons in lieu of arrest if it appears the defendant will come to court without being arrested. A summons tells the defendant when and where he must appear in court, and is merely delivered to the defendant without placing him under arrest.

Indictment. A criminal case can begin with an indictment. Like a complaint, an indictment is an accusation. In general, indictments are accusations of felonious conduct against persons who have already been arrested and referred to the grand jury by a municipal or county court through a process called “preliminary hearing”. Grand juries, however, do not have to wait for cases to be referred, but can make direct indictments. When this is done, the indictment begins the case.

Дата добавления: 2015-07-19