COMPLAINTSREGIONAL CLERKS SEMINAR

March 24, 2010

Joe Gorfida, Jr.

What is a Complaint?

A sworn allegation charging the accused with the commission of an offense. Affords the defendant the ability to provide a defense to the alleged charges.

Who can file the Complaint?

. Police City Employee

Citizen

A sworn Complaint must be filed with the municipal court to vest jurisdiction in the court.

What is written notice to appear?

Public intoxication and a written citation.

When is the defendant entitled to the

Complaint?Defendant is entitled to notice of a Complaint against the defendant not later than the day before the date of any proceeding in the prosecution of defendant under the Complaint.

When a defendant pleads “not guilty,” the court must file a Complaint that complies with the requirements of Chapter 45 of the Code of Criminal Procedure.

Should a Complaint be filed even if the defendant fails to appear?

A citation can serve as the Complaint?

True or False

Who is responsible for the wording in the

Complaint?. the Judge the Clerk the Prosecutor

The preparation of the Complaint is a ministerial duty – typically done by the clerk.

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:

Personally appeared before me, the undersigned authority, this Affiant, who after being by me duly sworn, deposes and says that [HE/SHE] has good reason to believe and does believe based upon information contained in a written citation personally prepared by [OFFICER NAME], an [OFFICER TITLE], known to me to be a credible person who personally [OBSERVED/INVESTIGATED] said offense, that [DEFENDANT NAME] hereinafter called Defendant, on or about the [DAY] day of [MONTH] 2010, and before the making and filing of this complaint, within the territorial limits of the City of Allen, Collin County, State of Texas, to-wit: [OFFENSE LOCATION], did then and there knowingly allow to accumulate objectionable, unsanitary or unsightly matter, to-wit: [NUISANCE MATTER] thereby causing a nuisance to exist,

CONTRARY TO AND IN VIOLATION OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, AS AMENDED, AND

AGAINST THE PEACE AND DIGNITY OF THE STATE:

Complaint Requirements

. 1. Name of the accused;2. That accused

committed the offense;3. Committed in the

territorial limits of the City;

4. Date of the offense; and

Complaint Requirements (Cont’d.).

5. That the affiant has good reason to believe and does believe the accused has committed the offense.

Complaint shall begin with “In the name and by the authority of the State of Texas.”

Complaint shall conclude with “Against the peace and dignity of the State.”

If the Complaint alleges an ordinance violation, it shall also conclude with “Contrary to the said Ordinance.”

Does the Complaint require a culpable mental

state? Traffic Offense Criminal Offense Code or Ordinance Violations

Culpable Mental States

(from highest to lowest). Intentionally Knowingly

Reckless Criminal Negligence

What if the definition of an offense does not prescribe a culpable mental state but one is required?

The required culpable mental state must be intentionally, knowingly, or recklessly.

Complaint must be signed Rubber stamped signature

Electronic signature (Judge, clerk of court, or defendant) Not signed = defective Complaint

Sworn to by Affiant

. Personal Knowledge Hearsay

How to administer an oath to an Affiant

. 1. Affiant reviews Complaint;2. Affiant & person administrating

oath both raise their right hands;

3. Affiant signs the Complaint; and4. Person administering oath signs

jurat.

Court Seal.

Required on Complaints Impressed on the Complaint Court of record requires “Municipal Court of/in ______ Texas”

Court Seal cont’d..

Non-record courts no specific language

Five point star (statute repealed in 1999)

Objections by defendant

.

Waives and forfeits the right to object to a defect, error, irregularity in form, or substance of the Complaint if the defendant does not object before the commencement of the trial on the merits.

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:

Personally appeared before me, the undersigned authority, this Affiant, who after being by me duly sworn, deposes and says that he has good reason to believe and does believe based upon information contained in a written citation personally prepared by James Smith a Code Enforcement Officer, known to me to be a credible person who personally observed said offense, that Kevin Smith hereinafter called Defendant, on or about February 2010, and before the making and filing of this complaint, within the territorial limits of the City of Allen, Collin County, State of Texas, to-wit: 1000 Southwest Dr., did then and there knowingly allow to accumulate objectionable, unsanitary or unsightly matter, to-wit: scrap metal, thereby causing a nuisance to exist,

CONTRARY TO AND IN VIOLATION OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, AS AMENDED, AND

AGAINST THE PEACE AND DIGNITY OF THE STATE:

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:

Personally appeared before me, the undersigned authority, this Affiant, who after being by me duly sworn, deposes and says that he has good reason to believe and does believe based upon information contained in a written citation personally prepared by Officer James Smith a Code Enforcement Officer, known to me to be a credible person who personally observed said offense, that Kevin Smith hereinafter called Defendant, on or about the 18th day of February, 2010, and before the making and filing of this complaint, within the territorial limits of the City of Allen, Collin County, State of Texas, to-wit: 1000 Southwest Dr., did then and there knowingly allow to accumulate objectionable, unsanitary or unsightly matter thereby causing a nuisance to exist;

CONTRARY TO AND IN VIOLATION OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, AS AMENDED, AND

AGAINST THE PEACE AND DIGNITY OF THE STATE:

QUESTIONS?