Q: Am I entitled to a Certified Complaint from the local Prosecutor in an Infraction Case?
Long ago I filed a motion for a Certified Complaint in a speeding ticket case. I got copies stamped from the Court, the Prosecutor's Office and I think the Police Department. I appeared in Court before a Judge, (I was made to wait most of the day) and when I finally got my time in front of the Judge he had his clerk hand me a blank certified complaint form. Nothing on it and no signature. When I requested an explanation the Judge told me that was my Certified Complaint. There was laughter from the Court Staff. What should I have done with this? Thanks!!
A: In some courts, you can demurrer to raise the issue. Some judges will literally laugh and say a demurrer does not apply. I have experienced success and the later results on this very issue.
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