Trent91
Regular Member
I read a post about that to say to an LEO after an SD shooting and one of the statements was "I will sign the complaint". What is a complaint? Excuse my ignorance, but I've never heard anyone speak of it before.
Not enough information to respond specifically.
"Complaint" is frequently a generic term and may change with the speaker and circumstances.
1) I'm the one who called, there's the guy who attacked me (he has a gun, knife, etc.)
2) I will sign the complaint
3) There's the evidence
4) There are the witnesses
5) I'll cooperate fully in 24 hours & after I've talked with my lawyer.
(I'm very upset, I understand this is very serious, I will cooperate fully tomorrow after I've talked with my lawyer & she is with me.)
Indeed it was the lack of information which confused me. This was the post:
1) I'm the one who called, there's the guy who attacked me (he has a gun, knife, etc.)
2) I will sign the complaint
3) There's the evidence
4) There are the witnesses
5) I'll cooperate fully in 24 hours & after I've talked with my lawyer.
(I'm very upset, I understand this is very serious, I will cooperate fully tomorrow after I've talked with my lawyer & she is with me.
#2 simply says, "I will sign the complaint".
So perhaps one would leave out #2 until the LEO asked them to sign a complaint (or whatever they may call it)? Or perhaps instead say," I will sign any appropriate paperwork".
Thanks for the replys all! Very helpful!!
i usually try to leave EVERYTHING out untill i have spoken to a lawyer. some LEO's will take this as an admission of some type of guilt. but when adrenaline is running, you wont remember anything. and speaking to an LEO in that state can not only self-incriminate by confusion, but can also change the detail of what happened from "fact" to "maybe". i would advise to agree to sign a complaint or fill out any paperwork AFTER you consult a lawyer
For example in Va. a citizen does not file a complaint/charge - a magistrate does and the gentleman would end up being the state's witness against the person that attacked him.
In other states, Grapeshot, things are different. Here in Colorado, I can file a complaint against anyone I witness to have broken any law. It's a statement, made under penalty of perjury, of their illegal behavior as well as to a statement of intent that I'd be willing to appear in a court of law to testify against them. Whether or not the crime, the evidence, and my credentials are worth pursuit by the DA, however, is up to the DA.
Virginia's legal system predates that of many others. Not to say others don't have magistrates. Some do, many don't.
This is where it gets state specific.
For example in Va. a citizen does not file a complaint/charge - a magistrate does and the gentleman would end up being the state's witness against the person that attacked him.
Might have been better worded if #2 were absent.
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An affadavit is still required to be sworn by the cops or citizen before the Magistrate for him to issue a warrant in VA. In any criminal proceeding, the complainant becomes the witness for the People irrespective of how the charge/warrant/arrest or summons goes down. Even a traffic ticket, in that sense, becomes the sworn complaint by the cop.
This is where it gets state specific.
For example in Va. a citizen does not file a complaint/charge - a magistrate does and the gentleman would end up being the state's witness against the person that attacked him.
Might have been better worded if #2 were absent.
That is why I referred earlier to the question needing to be related a specific state.