US Legal Forms
Private Criminal Complaint for Arrest Warrant and/or Summons

Private Criminal Complaint for Arrest Warrant and/or Summons

Category:

Criminal - Private Complaints

State:

Multi-State

Control #:

US-01580BG

Format:

Instant download

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

Only a Prosecutor Can Press Charges in a Criminal Lawsuit. As mentioned earlier, only the prosecutor's office has the power to file criminal charges against the accused. File a Police Report. Collect & Preserve Evidence. Cooperating With Police & Prosecutors. Statues of Limitations.

If you receive a summons and do not appear in court, you will become familiar with the second way people are bought to court on criminal charges: a warrant will be issued for your arrest. An arrest warrant is a court order for law enforcement to arrest a person and bring them before the court to answer the charge.

A summons must be served at least 7 days before the court date if it is served by personal delivery, or 21 days before the court date if it is served by postal delivery. If a summons has not been correctly served, you are not obliged to appear in court in response to it.

Every summon shall be served by a police officer, or by an officer of the court issuing it or any other public servant. The summon shall if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

If a court summons is granted, it must then be served on the person ordered to attend court. The summons can be served either in person, ie. by hand; or in the case of a minor offence a summons may be served by recorded delivery or registered post.

In general, a summons is the beginning of a legal case. It signals the issue that needs to be adjudicated (tried in court). A summons can be used in either a civil or a criminal case. Specifically, a summons is a document that is an order by a court requiring someone to appear in court.

A Summons is an official notice of a lawsuit. It is given to the person being sued. If you sue someone, they need to know about it. This way, they can come to court and fight the lawsuit. When you serve the defendant with a Summons, you officially tell that you are suing them.