Washington, DC asked in Criminal Law for Minnesota

Q: Who is the person that writes the criminal complaint and where did the information cone from

And what if the person that complaint is about disagrees with it then what?

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: A prosecutor typically writes the criminal complaint and the information is generated from the police report. If the subject of the complaint disagrees and is charged with a crime, the defendant can file a probable cause challenge or set the matter for trial.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: A criminal Complaint is a document prepared and signed by the prosecuting attorney for the jurisdiction prosecuting. It is the normal charging document in an adult, Minnesota criminal case. The facts claimed in the Probable Cause section of the Complaint, are generally taken from police investigation reports. The person accused of the crime(s) is called the Defendant. The Defendant has the absolute right to disagree and and challenge any or all claims made in the Complaint. The Defendant also has the right to the assistance of a lawyer of their choosing, or a Public Defender if indigent. When the Defendant does not plead "guilty," eventually the case will be set by the Court for a jury trial. At the trial, the Defendant and his or her lawyer can require the prosecuting attorney to show evidence to meet the state's burden of production and burden of proof (beyond any reasonable doubt), if it can. In addition, the defendant may offer evidence of his or her own, but is not required to do so. In the end, the jury will decide what they believe, and deliver a verdict. Much more than this is involved, so be sure to get legal counsel for the defense.

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