"Information" and "Criminal Complaint" What is are the Differences in Cal?

[MrCalfiornia]

Could someone please tell me what the difference is between the pleading documents of an "information" and a "complaint".

When using the term "complaint" I mean the criminal pleading and not the incidental complaint needed for a warrant or some other complaint. I am asking strictly about complaints that re used for pleadings.

Thank you.

 

[CdwJava]

Could someone please tell me what the difference is between the pleading documents of an "information" and a "complaint".

When using the term "complaint" I mean the criminal pleading and not the incidental complaint needed for a warrant or some other complaint. I am asking strictly about complaints that re used for pleadings.

Thank you.

The terms are often synonymous. From Nolo.com:

information

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment. ​

- Carl

 

[MrCalfiornia]

The terms are often synonymous.
- Carl

I know they are different terms. I know that an indictment and an information are different because the of the standing of the issuer, The indictment from the Grand Jury and the Information from the AG/District Attorney.

Here is why I know that they have difference in California law:

PENAL CODE
SECTION 737-740

737. All felonies shall be prosecuted by indictment or
information, except as provided in Section 859a. A proceeding
pursuant to Section 3060 of the Government Code shall be prosecuted
by accusation.

740. Except as otherwise provided by law, all misdemeanors and
infractions must be prosecuted by written complaint under oath
subscribed by the complainant. Such complaint may be verified on
information and belief.

So think on it a little more, ask around and see if you can come up with something.

Thank you very much though for effort in tracking down the Nolo citation. I appreciate all effort.

 

[CdwJava]

The complaint and information are part of the same document that goes to the court from the District Attorney. I know because I help prepare them. And in CA the Grand Jury is almost never used for criminal proceedings.

Perhaps if you could explain specifically what information you are driving at it might help. Otherwise, you can spend all week tracking down various sections that modify or befuddle the issue that you seek an answer to (whatever that might be).

- Carl

 

[MrCalfiornia]

The complaint and information are part of the same document that goes to the court from the District Attorney. I know because I help prepare them. And in CA the Grand Jury is almost never used for criminal proceedings.

A notice to appear when filed with a magistrate become a complaint. This complaint is never attached to an information and the complaint without the information never passes through the office of the DA.

A complaint could be an initial filing for an indictment or an information, OR it could be a pleading. The term "complaint" does not mean the same thing.

The court in United States v. Scully, 119 F.Supp. 225 (S.D.N.Y.1954), aff'd, 225 F.2d 113 (2nd Cir. 1955), said that criminal proceedings against a particular individual cannot be said to be instituted until a formal charge is openly made against an accused, either by indictment presented or information filed in court, or, at least, by complaint before a magistrate. And see, 22 C.J.S. Criminal Law s 302(a), p.

I say the above is evidence that the complaint could be a stand alone prosecutorial document. I would read "at least" as meaning like an indictment but somehow weaker. I found the above from reading the below opinion of Florida Assistant AG which i just found a few minutes ago.

Number: AGO 83-85
Date: November 9, 1983
Subject: Authority to administer oaths

A discussion of the role played by the complaint form is somewhat complicated by the fact that the statutes and rules concerning the prosecution of cases in the county court and applications for arrest warrants both use the word "complaint" or a variation to describe the document that starts off both processes. For example, s 34.13(4), F.S., provides for the commencement of a prosecution by issuance of a warrant for a misdemeanor in the county court by a "complaint made on affidavit." (Compare, s 15, Art. I, State Const., which requires prosecution of felonies on indictment or information.) On the other hand s 901.02, F.S., states:

The above seems to state clearly that not all complaints are the same.

Number: AGO 83-85
Date: November 9, 1983
Subject: Authority to administer oaths

...Therefore, it is my opinion that law enforcement officers as defined by s 943.10, F.S., are not empowered by Ch. 83-147, Laws of Florida, to administer oaths to persons signing complaints and affidavits in connection with and as the initial step in or part of a criminal proceeding or prosecution for a misdemeanor or felony or for the issuance of an arrest warrant or to execute the required jurat on accusatory or charging documents or instruments.

The above seems to say that in Florida, cops cannot sign complaints.

 

[CdwJava]

A notice to appear when filed with a magistrate become a complaint. This complaint is never attached to an information and the complaint without the information never passes through the office of the DA.

Since CA state law requires a promise to appear (or "notice to appear" as you prefer) to be filed only with the court and not with the DA, it is no surprise that the DA never sees it. Nor does he need to.

I found the above from reading the below opinion of Florida Assistant AG which i just found a few minutes ago.

Which is not relevant to CA state procedure.

The above seems to say that in Florida, cops cannot sign complaints.

That's fine ... I'm not IN Florida, and apparently neither are you. I don't know what the procedure is there, but I doubt they have to go before a notary any more than we do.

I aid in the preparation and signing of complaints to the court every day, none of which are ascribed before a judge or notary, and all of which are subject to the penalty of perjury. How FL does it, I cannot say.

- Carl