How to Register a Formal Complaint for Prosecution

This information explains the procedure for registering a citizen's complaint through the Prosecutor's Office if you believe an individual(s) has committed an offense against you within the City of Springfield.

Registering a complaint does not mean that your case automatically goes to court. It does mean a prosecuting attorney will review your complaint. It is the prosecuting attorney's determination if the case will be filed with the court.

How does the process begin? First, file a report with the Police Department. You will need the police report number to register your complaint. After filing the police report, citizens may schedule an appointment with the Prosecuting Attorney's office. You may make an appointment by calling the Office of the Prosecuting Attorney at 864-1892.

Step One - Report for your appointment on time.

Bring with you the following information:

1. Police Report Number;.
2. Any photographs, taped recordings, video tapes or other evidence that might be important to your case;
3. Names, addresses and phone numbers of witnesses.

Your complaint will be processed more quickly if you bring complete information to your appointment. You should make notes before you arrive for your appointment so you will not forget anything that may be important. Be prepared to answer all questions as completely as possible. Detailed information assists the prosecutor in evaluating your complaint and in determining if there has been a violation of a City ordinance.

Step Two - You will be interviewed by a paralegal who will take your complaint and ask you questions concerning the incident and the person(s) involved.

You may have already given the same information to the police, but the prosecutor will base his or her determination on the details you provide to the paralegal as well as the information contained in the police report. Evidence presented must show beyond a reasonable doubt the defendant violated the City's ordinance with which he/she is charged. At this time, you may be asked to sign a ticket (summons) against the defendant. You will need to allow up to 30 minutes for your interview.

Step Three - The paralegal will finish writing the report of your complaint and attach a copy of the police report you made, the ticket you signed, and forward the information to the prosecuting attorney.

The prosecuting attorney will decide whether or not your case can be successfully prosecuted based upon the evidence presented. You will be notified by mail of the prosecutor's decision to decline or to file your complaint.

Step Four - If the prosecutor accepts a citizen's complaint for prosecution, the ticket is signed and sent to Municipal Court.

The Court processes the ticket and issues the summons by mail to the defendant notifying him or her of the arraignment date. An arraignment is the defendant's first appearance in court for the purpose of pleading guilty or not guilty. Neither you nor your witnesses will be asked to appear at the arraignment because testimony is not taken at that time. If the defendant pleads guilty to the offense as charged, the judge will pronounce sentence at that time. If the defendant pleads not guilty to the offense as charged, the judge will set a pre-trial conference date. Evidence is not presented at the pre-trial conference and it is not necessary for witnesses to appear. If the case cannot be satisfactorily settled at the pre-trial conference, then the judge will set a trial date.

Step Five - If the case is set for trial, witnesses will be sent subpoenas by mail.

It is very important you keep the Prosecutor's Office informed of your current address and phone number, as well as the current address and phone number of any witnesses. A subpoena is an order of the Court. You must appear for trial. A large amount of time and effort is spent in preparation for prosecution of the complaint you signed. Your participation is vital to successful completion of the case. If you do not appear to testify, the judge may dismiss your case. Once your case has been dismissed, you may not file another complaint for the same incident. The prosecutor will speak to you and your witnesses briefly in the court room before the trial.

Disposition

The judge will usually make a decision after all testimony has been heard in court. In some instances, however, the judge may delay a decision in order to review the testimony and evidence provided.