I have a JP that is insisting that for any citation where someone pleads not guilty or fails to appear, there must be a written complaint filed within 30 days of the date of the citation. I agree there must be a written complaint, but can't find anything in the statute for the 30 day limitation.

Anyone else hearing this, am I missing something?

I think the only time limit on filing complaints in class c cases is the deadline for filing before the trial if the defendant pleads not guilty. Perhaps the JP just wants to ensure that FTA cases don't slip through the cracks. I remember a Highway Patrol sergeant calling me a few years when a new JP replaced a longtime JP who had passed away. Going through the court's files, the new JP discovered hundreds of several year old FTA cases in which no complaint had ever been filed. Of course they all had to be dismissed due to the SOL. At least your JP isn't requiring a complaint to be filed for every citation an officer issues! We have a few judges around the state that want this to be done. I'm surprised you can't hear the screams already < LOL >.

Janette

I concur with Janette. There is no 30-day statute.

Thanks!

This was supposedly something "new" that took effect earlier this year, or whatever.

Janette,
My JP WAS requiring a complaint for every citation - first law enforcement screamed, and then they just rebelled and refused, so she has backed off of that requirement. It has been quite entertaining.