• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Citizen Criminal Complaint Procedure

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Saw this is a local Attorney for me so I called to see what the update is. He said they granted his hearing but he hasn't gotten it yet and they are bouncing him around to different courts. King, then Peirce now back to King.

I told him about this site and why I am interested, he had no Idea that attorney's for John T. Williams seeking private prosecution and I was able to give him that firm and attorneys name, he said that should help him in his case. He also agreed that Whatcom County courthouse isn't following state law (for 4th amendment reasons) and pointed me in a direction I didn't think about too.
 

PALO

Regular Member
Joined
Feb 12, 2012
Messages
729
Location
Kent
Here is a link to a petition for a citizen criminal complaint against police officers in Washington. I present it for it's instructional value, not for any comments about the merits of the case outlined in the complaint. The case is not OC related.

Link to complaint.

except the link you provided shows the CITY OF DES MOINES listed as the complainant

iow, not a true private prosecution

a private prosecution is where the PRIVATE PERSON , NOT A GOVERNMENTAL etc. body is listed as the sole complainant

i stand by my point

find me one case in WA where there was a true private prosecution

i'll stand by
 

GuidoZ

Regular Member
Joined
Jun 1, 2011
Messages
192
Location
Skagit County, WA
And since this thread is being revived, any update on it you're aware of SVG? Sorry I'm going to miss the party again this Sun morn. Another birthday party to go to. (I'm starting to think my newly 6yr has too many friends...)

--
Peace. ~G
 
Last edited:

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
except the link you provided shows the CITY OF DES MOINES listed as the complainant

iow, not a true private prosecution

a private prosecution is where the PRIVATE PERSON , NOT A GOVERNMENTAL etc. body is listed as the sole complainant

i stand by my point

find me one case in WA where there was a true private prosecution

i'll stand by

I talked to the lawyer who filed this complaint, he is in Bellingham.

Whether you like it or not private prosecution is legal I provided the info for you in the other thread.
 

Difdi

Regular Member
Joined
Mar 2, 2010
Messages
987
Location
Seattle, Washington, USA
Going by what the police put in their reports, versus what the videos show, it's pretty obvious that if they consider those behaviors to be aggressive and threatening, then there is literally no such thing as non-aggressive or non-threatening behaviors. If those officers truly believe what they put in their reports, then no matter how you react to them in any situation, they will consider you to be aggressive, hostile and threatening, and apply force accordingly.

Because if behaving meekly and passively while not violating any law warrants gunfire, then no one is safe.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Going by what the police put in their reports, versus what the videos show, it's pretty obvious that if they consider those behaviors to be aggressive and threatening, then there is literally no such thing as non-aggressive or non-threatening behaviors. If those officers truly believe what they put in their reports, then no matter how you react to them in any situation, they will consider you to be aggressive, hostile and threatening, and apply force accordingly.

Because if behaving meekly and passively while not violating any law warrants gunfire, then no one is safe.

Per DeanF's wishes he would like this thread to stay on topic of Citizen Criminal Complaint Procedure....I agree with what you are saying though.

If you look at the links provided we can as civilians prosecute privately, this is a long standing common law practice, I have no doubt, the system including judges and prosecutors and police want to claim it's "unconstitutional" but it isn't especially since our constitution is based on common law. What is unconstitutional would be them taking away our right as civilians to prosecute crimes privately especially when the system" fails it's citizens and protects their street warriors.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
http://www.courts.wa.gov/court_rules/?fa=court_rules.rulesPDF&groupName=clj&setName=CrRLJ


(c) Citizen Complaints. Any person wishing to institute a criminal actionalleging a misdemeanor or gross misdemeanor shall appear before a judgeempowered to commit persons charged with offenses against the State, other thana judge pro tem. The judge may require the appearance to be made on therecord, and under oath. The judge may consider any allegations on the basis ofan affidavit sworn to before the judge. The court may also grant an opportunityat said hearing for evidence to be given by the county prosecuting attorney ordeputy, the potential defendant or attorney of record, law enforcement or otherpotential witnesses. The court may also require the presence of otherpotential witnesses. In addition to probable cause, the court may consider: (1) Whether an unsuccessful prosecution will subject the State to costs ordamage claims under RCW 9A.16.110, or other civil proceedings; (2) Whether the complainant has adequate recourse under laws governingsmall claims suits, anti-harassment petitions or other civil actions; (3) Whether a criminal investigation is pending; (4) Whether other criminal charges could be disrupted by allowing thecitizen complaint to be filed; (5) The availability of witnesses at trial; (6) The criminal record of the complainant, potential defendant andpotential witnesses, and whether any have been convicted of crimes ofdishonesty as defined by ER 609; and (7) Prosecution standards under RCW 9.94A.440.If the judge is satisfied that probable cause exists, and factors (1) through (7)justify filing charges, and that the complaining witness is aware of thegravity of initiating a criminal complaint, of the necessity of a courtappearance or appearances for himself or herself and witnesses, of the possibleliability for false arrest and of the consequences of perjury, the judge mayauthorize the citizen to sign and file a complaint in the form prescribed inCrRLJ 2.1(a). The affidavit may be in substantially the following form:THE STATE OF WASHINGTON ) ) ss. No. ________COUNTY OF _________________) AFFIDAVIT OF COMPLAINING WITNESSDEFENDANT:Name ____________________________ Name ____________________________Address _________________________ Address _________________________Phone ___________ Bus. __________ Phone ___________ Bus. __________WITNESSES:Name ____________________________ Name ____________________________Address _________________________ Address _________________________Phone ___________ Bus. __________ Phone ___________ Bus. __________Name ____________________________ Name ____________________________Address _________________________ Address _________________________Phone ___________ Bus. __________ Phone ___________ Bus. __________ I, the undersigned complainant, understand that I have the choice ofcomplaining to a prosecuting authority rather than signing this affidavit. Ielect to use this method to start criminal proceedings. I understand that thefollowing are some but not all of the consequences of my signing a criminalcomplaint: (1) the defendant may be arrested and placed in custody; (2) thearrest if proved false may result in a lawsuit against me; (3) if I have swornfalsely I may be prosecuted for perjury; (4) this charge will be prosecutedeven though I might later change my mind; (5) witnesses and complainant will berequired to appear in court on the trial date regardless of inconvenience,school, job, etc. Following is a true statement of the events that led to filing this charge.I (have)(have not) consulted with a prosecuting authority concerning this incident. On the ____ day of ___________, 19__, at _______________________. (location)_____________________________________________________________________ Signed _______________________________ SUBSCRIBED AND SWORN TO before me this ____ day of ___________, 19__. ______________________________________ Judge (d) Filing. (1) Original. The original of the complaint or citation and notice shall befiled with the clerk of the court. (2) Time. The citation and notice shall be filed with the clerk of thecourt within two days after issuance, not including Saturdays, Sundays orholidays. A citation and notice not filed within the time limits of this rulemay be dismissed without prejudice.[Amended effective March 18, 1994; July 2, 1996; September 1, 1999;November 21, 2006; May 6, 2008.]
 
Last edited:
Top