The affidavit made before the magistrate or district or county attorney is called a 'complaint' if it charges the commission of an offense. Which term describes this filing?

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Multiple Choice

The affidavit made before the magistrate or district or county attorney is called a 'complaint' if it charges the commission of an offense. Which term describes this filing?

A complaint is the initial sworn filing that charges a crime and starts the case. It is a sworn statement presented to a magistrate or prosecutor to establish probable cause and initiate criminal proceedings. This fits the scenario where an affidavit is used before the magistrate or district or county attorney to charge an offense. An information is a prosecutor’s charging document, typically filed with a judge after investigation and not necessarily based on a prior oath. An indictment is a charge issued by a grand jury. A writ is simply a court order demanding action. Therefore, the filing described is best described as a complaint.

A complaint is the initial sworn filing that charges a crime and starts the case. It is a sworn statement presented to a magistrate or prosecutor to establish probable cause and initiate criminal proceedings. This fits the scenario where an affidavit is used before the magistrate or district or county attorney to charge an offense.

An information is a prosecutor’s charging document, typically filed with a judge after investigation and not necessarily based on a prior oath. An indictment is a charge issued by a grand jury. A writ is simply a court order demanding action. Therefore, the filing described is best described as a complaint.

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