Criminal Complaint Starting a Criminal Case

A criminal complaint is a charging document or sworn statement used to begin or support a criminal case in some courts.

A criminal complaint is a charging document or sworn statement used to begin or support a criminal case in some courts.

Why a criminal complaint matters

A criminal complaint matters because it can identify the alleged offense, factual basis, defendant, and charging authority. It may support an arrest warrant, initial appearance, arraignment, or probable-cause determination.

The role of a complaint varies by jurisdiction and by whether the case later proceeds by indictment or information.

Where a criminal complaint appears

Criminal complaints appear at the start of criminal cases, in warrant applications, initial appearances, arraignments, probable-cause proceedings, and charging-file reviews.

Practical example

A prosecutor files a criminal complaint alleging that a defendant committed theft and summarizing facts from a police investigation. The complaint may be used to bring the defendant before the court.

How a criminal complaint differs from nearby terms

A criminal complaint differs from a civil complaint because it starts or supports a criminal prosecution rather than a private civil lawsuit. It differs from an indictment because an indictment is usually issued by a grand jury.

Quick knowledge check

Why is a criminal complaint not the same as a civil complaint?