Legal Definitions - criminal complaint

A criminal complaint is a formal legal document filed by a government prosecutor (or sometimes, in specific situations, by a private citizen) that officially accuses an individual of committing one or more crimes. It serves as the initial charging instrument in many criminal cases, especially before a grand jury indictment or a preliminary hearing.

This document outlines the specific criminal charges and presents a summary of the facts and evidence that lead the prosecutor to believe a crime was committed and that the named individual is responsible. A judge reviews the criminal complaint to determine if there is enough "probable cause"—a reasonable belief based on facts—to support the charges. If the judge agrees, they will sign the complaint, which can then lead to the issuance of an arrest warrant or the formal initiation of criminal proceedings against the accused.

Here are some examples of how a criminal complaint might be used:

• Example 1: Post-Arrest Formalization

  Imagine police officers respond to a disturbance and arrest someone, Mr. Davis, for allegedly vandalizing public property. After the arrest, the police submit their report to the local prosecutor's office. The prosecutor reviews the report, which includes witness statements and photographic evidence of the damage. Based on this information, the prosecutor drafts and files a criminal complaint with the court. This complaint formally charges Mr. Davis with property damage, detailing the specific incident and the evidence gathered. This document officially begins the court process against Mr. Davis.

  This example illustrates how a criminal complaint is used to formally charge an individual after an arrest has already been made, transitioning the case from police action to judicial proceedings.

• Example 2: Initiating an Arrest Warrant

  A victim reports a serious assault to the police, providing a detailed description of the attacker and the incident. The police investigate, gathering security camera footage and interviewing additional witnesses, which helps them identify a suspect, Ms. Chen. However, Ms. Chen has not yet been apprehended. To secure her arrest, the prosecutor files a criminal complaint with the court. This complaint outlines the assault charges against Ms. Chen and presents the collected evidence that establishes probable cause. A judge reviews the complaint, agrees there's sufficient probable cause, and issues an arrest warrant for Ms. Chen based on the complaint.

  This example demonstrates how a criminal complaint can be filed *before* an arrest, serving as the legal basis for a judge to issue an arrest warrant for a named suspect.

• Example 3: Complex Investigation Charges

  Following a lengthy investigation into a sophisticated online fraud scheme, federal prosecutors have compiled extensive evidence, including financial records, digital communications, and expert analysis. They identify several individuals, including Mr. Thompson, as key players in the operation. To initiate formal charges against Mr. Thompson and his accomplices, the prosecutors file a comprehensive criminal complaint. This document meticulously details the fraudulent activities, the specific federal laws violated, and the roles of each defendant, presenting the accumulated evidence to establish probable cause for the multiple charges. This complaint then allows the court to begin processing the case against the accused individuals.

  This example shows how a criminal complaint can be used in complex cases involving extensive investigations, serving as the foundational document to bring multiple, detailed charges against several defendants.