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Arizona
Private Criminal Complaint for Arrest Warrant and/or Summons

Arizona 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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How to fill out Private Criminal Complaint For Arrest Warrant And/or Summons?

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FAQ

Rule 4.1 - Procedure upon Arrest (a)Prompt Appearance Before a Magistrate. An arrested person must be promptly taken before a magistrate for an initial appearance.

Rule 4.2(c) states: ?the party may serve the person by mailing the summons and a copy of the pleading being served to the person at that address by any form of postage-prepaid mail that requires a signed and returned receipt.? Once the filing party receives the signed, return receipt, he or she must file an affidavit ...

A summons must be in the same form as a warrant except it must summon the defendant to appear at a date, time and place no more than 30 days after an indictment, information, or complaint is filed.

(a) Before Verdict. (1) Acquittal. After the close of evidence on either side, and on motion or on its own, the court must enter a judgment of acquittal on any offense charged in an indictment, information, or complaint if there is no substantial evidence to support a conviction.

ER 3.1. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law....

If a defendant enters a plea of guilty or no contest in a criminal case , the defendant may not appeal . The defendant may only pursue review of the lower court proceeding through Rule 32 . The lower court clerk may have a form to use if you wish to file a Rule 32 petition .

Rule 2.3 - Content of Complaint (a)Complaint, Generally. A complaint is a written statement of the essential facts constituting a public offense. A complaint must be: (1) signed by a prosecutor; (2) sworn before a magistrate; or (3) made in compliance with A.R.S. § 13-3903.

Unless excused from doing so by the party or attorney serving a subpoena, by a court order, or by any other provision of this Rule 45, a person who is properly served with a subpoena must attend and testify at the date, time, and place specified in the subpoena.

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