How To File A Criminal Complaint In Hopkins County

WHAT DO YOU NEED TO TAKE WITH YOU?

• A valid I.D. with a picture.
• You will need the full name and complete address of the person you wish to file against (the defendant).
  A date of birth and Social security number of the defendant are also helpful.
• An employee of the County Attorneys Office will ask you to fill out a form (an affidavit) in which you will provide all the information related to your complaint.
• The affidavit will be reviewed, and a determination will be made regarding what charges, if any, will be contained in the complaint.

OR

Your complaint may be forwarded to the District Court where a judge will review the complaint and issue one of the following:

1. Criminal Summons - A Summons is an order that the defendant appear in District Court. This is a notice and not an arrest warrant. The Summons will advise the defendant to appear in Court for the arraignment.
2. Arrest Warrant - The defendant will be arrested, taken to jail and later arraigned in District Court. An arrest warrant must be issued by a Hopkins County District Judge Office.

The issuing of either a summons or an arrest warrant does not guarantee any of the following: an immediate court appearance or that the Defendant will stay in jail after his/her arrest.

Your complaint is then forwarded to the Sheriffs Department in the county where the defendant lives for service of the arrest warrant or summons.

THE COURT PROCESS

1. Arraignment: The first step in the court process. The charges are read, the defendant is advised of his or her rights, and a plea of guilty or not guilty is entered.
2. Pre-trial Conference: This step allows both sides of the case to negotiate, file motions, and/or set the case for trial.
3. Trial: A jury will hear the evidence and render a verdict of guilty or not guilty.

REMEMBER:

• You are required to attend every court proceeding.
• You should dress neatly and bring with you any witnesses, photos, receipts and/or other evidence.
• If you lie at any stage of the proceeding, you will face criminal charges.
• Identify yourself to the prosecutor as the prosecuting witness. Dont be afraid to ask questions.

• The case may be continued until another date. You should be prepared for this possibility.
• The defendant may be found not guilty and the case may be dismissed.
• The case may be referred to mediation or diversion .
• In the case of a felony charge, a police agency must investigate and bring the charge.

The defendant may be found guilty. If found guilty, any of the following may occur.

1. Defendant may be fined, made to pay court costs, sentenced to jail, or all of these.
2. The defendant may receive a suspended sentence. The defendant would be given jail time, but would not serve it unless he/she committed another crime or violated a Court order.
3. The defendant may be placed on probation.