A criminal complaint is an official document that charges the defendant with a crime. In some states, this charging document is referred to as an "information." Both are accusations only, and the defendant remains innocent until proven guilty.
In this article, we'll review what a criminal complaint is, who files it, what's in it, and what it all means for the accused.
What Is a Criminal Complaint?
A complaint (or information) is what typically starts the official criminal case against a defendant. It means the government has a legitimate reason for believing the defendant committed a crime.
Sometimes, a complaint follows an arrest, but not always. Police can arrest a person without any charges ever being formally filed in the case. In other situations, a person might receive a complaint without ever having been arrested. Regardless of which comes first, a complaint or arrest, it's the complaint that officially starts the criminal case and turns a suspect into a defendant.
Who Can File a Criminal Complaint?
Complaints are typically filed by a prosecuting agency. Here’s how it works.
Prosecutors File Complaints
Normally, the police arrest someone and then submit a report to the local prosecuting office with jurisdiction over the offense. In federal court, the U.S. Attorney is the prosecutor. State crimes will be filed by the prosecuting agency in charge, which might be a county or city attorney, district attorney, state prosecutor, attorney general, or another title depending on the state and level of government.
A prosecutor will review the police report and decide whether to file charges against the suspect. If the prosecutor responsible for the filing decision thinks there’s enough evidence and the case is worth prosecuting, the prosecutor's office files a complaint with the court. In many jurisdictions, the defendant is presented with the complaint at the first court appearance, often called an “arraignment” or “initial appearance.”
Can Victims Press Charges or File a Criminal Complaint?
Contrary to what we see on TV, victims don’t make charging decisions. A victim will typically report or give an account of the crime to the police, but it's the prosecutor who will make the final decision of whether to press (file) the criminal charges.
What Is in a Criminal Complaint?
The criminal complaint must clearly inform the accused of the charges against them. The document normally has a caption at the top indicating:
- the court where the case is being filed (such as "in the Circuit Court of Cook County")
- the party filing the complaint (for example, “The People of the State of California” or “United States of America”), and
- the defendant.
The complaint then includes some kind of description of the accusations against the defendant, including the criminal code citation, offense date, and description of the crime. Where there are multiple counts (charges), each charge gets its own number and paragraph or section (like Count I). The bottom of the complaint normally has at least one signature line, for the person filing the complaint.
For an example of a criminal complaint, here are the charges filed against Derek Chauvin following the killing of George Floyd.
What Happens When a Criminal Complaint Is Filed Against You?
What happens once a prosecutor files a criminal complaint often depends on whether the defendant is "in custody" or "out of custody." Or if police haven’t made an arrest, the filing of the complaint might result in an arrest warrant for the defendant.
For in-custody defendants (those sitting in jail awaiting bail or trial), the law requires the prosecutor to bring the defendant before a judge within a day or two for the first appearance. If the defendant is out of custody (wasn’t arrested or is free on bail), this first appearance might occur within a few weeks. At the first appearance, the judge will inform the defendant of the charges in the criminal complaint.
The next steps depend on the seriousness of the offense. But no matter how serious the charges are, a criminal defendant should look for a private criminal defense attorney right away or ask the judge to appoint one at the first appearance.
Getting Help
To understand the criminal justice process in your jurisdiction—from arrest to complaint and beyond—consult an experienced criminal defense attorney. A lawyer familiar with the system can explain your options and protect your rights.