Private Criminal Complaint for Arrest Warrant and/or Summons
About this form
The Private Criminal Complaint for Arrest Warrant and/or Summons is a legal document that allows a private citizen to initiate criminal proceedings against an individual. Unlike other legal filings that can only be made by state prosecutors, this form empowers individuals to bring forward allegations of criminal activity directly to the court. It is essential for citizens who believe they have witnessed or been a victim of a crime and wish to seek legal action formally.
What’s included in this form
- Complainant's information: Details about the complainant, including name and address.
- Defendant's information: Identification of the accused, including their name.
- Allegation details: Description of the alleged crime and the circumstances surrounding it.
- Evidence disclosure: Information on how the complainant obtained knowledge of the alleged offense.
- Witness information: Names and addresses of any witnesses who can support the complaint.
- Request for warrant or summons: Specification of whether the complainant seeks an arrest warrant or a summons for the accused.
When to use this form
This form should be used when an individual believes a crime has occurred and is looking to personally initiate prosecution. Common scenarios include witnessing theft, assault, or fraud and wanting to ensure that the responsible party is brought to justice through formal legal channels. It is crucial for situations where the state has not acted, and the complainant feels strongly about pursuing the matter independently.
Who should use this form
- Private citizens who have direct knowledge of a crime.
- Individuals who want to take legal action against someone for criminal behavior.
- Victims of crimes seeking to enforce their legal rights.
- Witnesses to a crime who wish to report the incident to the court.
Completing this form step by step
- Identify the parties: Enter the names and addresses of both the complainant and the defendant.
- Specify the crime details: Clearly describe the alleged crime, including where and when it occurred.
- Gather evidence: Include how you became aware of the alleged crime and detail any sources of information.
- List witnesses: Provide the names and contact information of individuals who can support your case.
- Indicate your request: Decide if you are seeking a warrant for arrest or a summons for the accused's appearance in court.
- Sign the document: Ensure that the complainant signs and dates the form, which may require notarization.
Does this form need to be notarized?
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
Avoid these common issues
- Failing to provide complete information about the alleged crime.
- Neglecting to include necessary witness details.
- Not citing the correct state statute or procedural rule.
- Omitting the complainant's signature or date.
- Submitting the form without consulting local legal requirements.
Benefits of completing this form online
- Ease of access: Downloadable forms are available at any time for immediate use.
- Customization: Users can fill out the form to fit their specific situation.
- Compliance assurance: Forms are regularly updated to reflect current legal standards.
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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.
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.
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.