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Simple English definitions for legal terms
criminal complaint
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A quick definition of criminal complaint:
A criminal complaint is a document that accuses someone of committing a crime. It is usually filed by the government, but sometimes individuals can file it too. The complaint has to show enough evidence that the person probably did the crime. The police usually arrest the person first, and then the prosecutor decides whether to file charges. The judge looks at the evidence and decides if there is enough reason to believe the person did the crime. If so, the judge signs the complaint and the person may be arrested. Only certain people can file a complaint, like police officers, prosecutors, victims, or witnesses.
A more thorough explanation:
A criminal complaint is a legal document that charges an individual with a specific crime. It is usually filed by the government, but in some states, individuals can also file criminal complaints. The complaint sets forth the facts and evidence that suggest the defendant is likely guilty of the crime.
When the police arrest someone for a crime, they file a report with the prosecutor. The prosecutor then decides whether to file a criminal complaint against the defendant. For example, if someone is arrested for stealing a car, the prosecutor may file a criminal complaint charging the defendant with grand theft auto.
The criminal complaint is different from a civil complaint, which is filed by an individual against another individual or entity. In a criminal complaint, the government is the plaintiff and the defendant is the person accused of committing the crime.
The judge reviews the criminal complaint and determines whether there is enough evidence to support the charges. If the judge finds that there is probable cause to believe the defendant committed the crime, they will issue an arrest warrant or a summons for the defendant to appear in court.
Overall, a criminal complaint is a formal way for the government to charge someone with a crime and begin the legal process of holding them accountable for their actions.