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Understanding the Complaint |
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The “Complaint” is the formal document that the District Attorney’s Office files in court when it accuses someone of violating the law. It is the filing of the Complaint that gives the Court notice of the case and jurisdiction over it. If you have been charged with a DUI offense, the Complaint against you will list the violations of law with which you are charged—there will probably be at least two.
You will not receive the Complaint until your arraignment, when you or your attorney should ask for it. At your arraignment, the Court examines the Complaint to determine that the Complaint is sufficient to meet minimal legal standards so that the case should proceed. The Court then usually sets the date for a pretrial conference. It is critical that your attorney obtain a copy of the Complaint as soon as possible in order to check its legal sufficiency and to determine exactly what crimes are charged.
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