Criminal Law: March 2017 Archives

How Do Criminal Charges Issue?

When an individual is charged with a crime over which the District Court has jurisdiction (all misdemeanors, felonies punishable of a sentence of up to five years and certain other felonies), a criminal complaint issues against them. A criminal complaint is the document that identifies the crime that is alleged to have been committed. Before a criminal complaint can issue, there must be a finding by a magistrate that there is probable cause for the complaint to issue. A magistrate is a District Court official who is authorized by law to authorize the issuance of criminal complaints and issue process (such as an arrest warrant or summons). Probable cause is a very low standard; it simply means that reasonably trustworthy information exists that is sufficient to warrant a prudent person to believe that a crime has been committed and the accused is the perpetrator.

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