I've got a guy sitting in our jail for assault causing bodily injury/family violence. This is the 2nd or 3rd one over the last couple of years, but the first time his wife said she would cooperate and sign the Complaint. Twice I've talked to her on the phone and she says YES, she wants to go forward, but I can't get her in to sign the complaint. How much time do I have with him sitting in jail for this misdemeanor charge before I have to have a complaint filed?

Why are you waiting for the victim to sign the complaint? Any person with credible information can support the information for a complaint. The investigator for your office could do it after reviewing the information in the offense report.

JB, can anyone sign the complaint? You mention the investigator - what about the prosecutor? The misdemeanor clerk?

1. Cases brought over and logged in by Agency

2. Entered into Computer System (By Misd. Clerk)

3. Complaints & Information Generated
(By Misd. Clerk-file not read at this point)

4. File folder set up (By Misdemeanor Clerk)

5. Files go to Attorney for review

6. File back to Clerk to call Agency to come
to DA's office to sign the complaint

7. Files go back to Attorney for signature

8. File goes back to Misdemeanor Clerk to be
file-marked in computer

9. Files to Court Clerk to be given Case#

10. Files returned to DA's office

11. Paperwork clipped into folders and
physically placed in file cabinet

How should the complaints be prepared and signed -- when, and by whom? What is the best process to follow for screening and filing informations?

Shouldn't the order be 1,4,5,3,2,6/7 [with investigator signing for efficiency as JB & Gretchen suggest],9,8/10,11 ? Why would informations & complaints be drafted before anyone even looks at the file?

Any info would be much appreciated.

[This message was edited by Waco on 12-27-07 at .]

[This message was edited by Waco on 12-27-07 at .]

Does your office accept cases filed by law enforcement agencies if there is no CR-43 included? Also, how do you handle multiple offenses contained in one report, i.e., agency files one offense report for (1) evading arrest, but the report contains other information (2) drug paraphernalia, (3) terroristic threat, (3) public intoxication? Is the agency required to file a separate offense report complete with separate CR-43 for each offense before the DA�s office can file an information with the additional charges?

I had a file for DWLS and the offense report included drugs found, among other things. The clerk here, acting on the first offense code listed on the report, prepared an information only for the DWLS. When I mentioned the drugs, I was told that because the officer did not file two or more copies of the offense report with two separate CR-43 forms, we could only file the one DWLS charge. Many files coming over either have no CR-43 at all, or only one when multiple offenses are alleged or a CR-44 instead. Please explain.

Our system works similarly, although our investigators sign the complaints (step 6) rather than having to have someone from the actual department come back. I have also worked in a very small office with no investigator in which the cases were screened at one time while the agency's investigator was present at our office, and C&I's were only prepared and signed for those cases being filed. We also never relinquish physical control of our file to the clerk; only the C&I (another office filed the C&I and the PC/arrest warrant affidavit).

We always have a law enforcement officer sign the complaint as the affiant, then the attorneys sign the acknowledgment.

DPS has folks who can help explain the CR-43 issues. I do think there has to be a separate CR-43 for each charge, but I also think you have the ability to do them internally. Check with them 'cuz I could be wrong.

quote:

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We also never relinquish physical control of our file to the clerk; only the C&I (another office filed the C&I and the PC/arrest warrant affidavit).

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Our clerk has a file with all information (apparently she makes copies of reports, etc., so there is always a complete court file).

Filing only the C&I (and warrant info) sounds appropriate, but how does the court then maintain a complete file? I recall other offices with the occasional 'missing file' (usually at critical junctures ) getting a copy from the clerk.

The county clerk doesn't get a copy of the police report and we are very careful about file tracking in our office. If you file the police report along with everything else with the county clerk, it becomes public record, and if there's anything in it (victim contact information comes to mind) you don't think should be public, how do you keep it from becoming so? Also, there are some judges (not all, certainly) who read their court files. They are technically presumed not to know details about the cases or form opinions; the PC/arrest warrant affidavits give some detail, but usually not all of it). If you have a complete police report in the court file, your judge has access to make a partially-informed opinion about the case before hearing all the evidence.

If you ever lose a file, can you not reconstruct most of it by getting another copy of the report from the agency?