Q: What does it mean "the date of any proceeding in the prosecution of the defendant under the complaint."?
I am very confused when I received the Summon with this sworn complaint last week. I am trying to understand the meaning "the date of any proceeding in the prosecution of the defendant under the complaint."
Does it mean the alleged offender is entitled to receive the complaint before the Court made the decision to move to Pre Trial Hearing?
Art. 45.018. COMPLAINT. (a) For purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense.
(b) A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint. The defendant may waive the right to notice granted by this subsection.
Added by Acts 1999, 76th Leg., ch. 1545, Sec. 15, eff. Sept. 1, 1999.
A: There is probably already a complaint in the court's file Ask your attorney for a copy of it. Alternatively, you could go to the clerk's office and get a copy for yourself... the entire clerk's file is a public record. Some jurisdictions make the documents available online and some will email copies if you ask and some you have to go in person and pay $1/page for copies.
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