Pennsylvania Private Criminal Complaint for Arrest Warrant and/or Summons

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Multi-State
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US-01580BG
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Description

The rights that a citizen seeks to enforce criminally are not private but are lodged in the state, although a citizen has a right to proceed in a civil action. [FN3] Once a private party alerts the court of alleged criminal activity through the filing of an application for issuance of a criminal complaint and the court responds to the application, the private party's rights have been satisfied.


A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him. Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court.

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FAQ

First, you must obtain a Private Criminal Complaint. The complaint form is available from a district justice, or you can download the form from the website of the Administrative Offices of the Pennsylvania Courts (AOPC).

(A) When the affiant is not a law enforcement officer, the complaint shall be submitted to an attorney for the Commonwealth, who shall approve or disapprove it without unreasonable delay.

?To begin this process you must first obtain the applicable form, available here: Private Criminal Complaint Form or at your local Magisterial District Court office. Once the form has been completely filled out, it should be submitted to the Magisterial District Court that has jurisdiction where the crime occurred.

If you file a private criminal complaint, you become the affiant, or the person making the allegation just as if you were a police officer. The same rules apply to you in filing charges that apply to a police officer. A mere allegation is not sufficient to initiate criminal charges.

Criminal Complaint The complaint will list the charges, identify the defendant, and describe the facts surrounding the matter. If the police do not file a complaint, an individual may file a private complaint. This type of complaint must be approved by the local district attorney's office for approval.

Issuing a Citizen Complaint Initial contact may be made by telephone, letter or a personal visit. 2 ? Fill out a Citizen Complaint Report. These forms are not for reporting crimes. If you would like to report a crime, please call (717) 846-1234.

Where do I go to file a private criminal complaint? The District Attorney's Private Criminal Complaint Unit is by APPOINTMENT ONLY. To schedule an appointment, call 215-686-9863. The office is located 1425 Arch St.

This rule sets forth the required contents of all complaints whether the affiant is a law enforcement officer, a police officer, or a private citizen. When the affiant is a private citizen, the complaint must be submitted to an attorney for the Commonwealth for approval.

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Pennsylvania Private Criminal Complaint for Arrest Warrant and/or Summons