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.
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What is a "complaint"?
- Thread starter Trent91
- Start date
Redbaron007
Regular Member
And industry/occupation.
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Trent91
Regular Member
Indeed it was the lack of information which confused me. This was the post:
#2 simply says, "I will sign the complaint".
#2 simply says, "I will sign the complaint".
smokeyburnout
Regular Member
In that context they are meaning that they will sign a complaint that they were attacked by whom they shot. This complaint would basicly be you pressing charges against your attacker.
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.
.
carry for myself
Regular Member
"complaint" in this context genearlly refers to the "report" or "writeup" the police want the witness, accused, or victim to fill out and sign. basically he was saying he would cooperate and fill out their paper trail 
i've heard many LEO's use the term "Complaint" instead of witness statement or report. its an old timer thing. *no offense to whoever used it* but i havnt seen many young guns use the term
i've heard many LEO's use the term "Complaint" instead of witness statement or report. its an old timer thing. *no offense to whoever used it* but i havnt seen many young guns use the term
Trent91
Regular Member
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!!
Thanks for the replys all! Very helpful!!
carry for myself
Regular Member
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
Trent91
Regular Member
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
So would you advise not signing anything, nor saying anything besides "I want my lawyer" until after you have spoken to said lawyer?. Also, what are your oppinions on taking pictures or a quick video sweep of the scene to capture evidence before it walks off? ( assuming it's safe to do so of course)
since9
Campaign Veteran
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.
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That is why I referred earlier to the question needing to be related a specific state.
In this state it may only require that another person makes a visual mistake, or possibly lies about the visual.
http://forum.opencarry.org/forums/showthread.php?95754-Fond-du-Lac-Walmart-call-cops-on-MWG-with-REPORT
http://forum.opencarry.org/forums/showthread.php?95754-Fond-du-Lac-Walmart-call-cops-on-MWG-with-REPORT
Gunslinger
Regular Member
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.
I understand that, but the OP's question was specific as to the word "complaint".
He has not come back to clarify exactly where the location was though, so we are left with discussing this amongst ourselves.
Trent91
Regular Member
I live in Oklahoma, but the replys have explained very well what to expect from the term "complaint". I'm not sure what the specifics are for my state, though.
hermannr
Regular Member
Basically, if you were wronged (assaulted in this case) some states need a "criminal complaint" before they can charge the perp if the assault was not in the personal view of law enforcement. It states there was a crime committed, you want the BG charged and you will be a witness.
It is kind of like in a DV situation, a lot of times there are "no charges filed". That is because the parties envolved will not sign a "complaint" (or whatever your state calls it) against the other party. If the violence happens in the presence of LE, then the LEO can file.
It is kind of like in a DV situation, a lot of times there are "no charges filed". That is because the parties envolved will not sign a "complaint" (or whatever your state calls it) against the other party. If the violence happens in the presence of LE, then the LEO can file.
Trent91
Regular Member
Would it be adviseable, or even required?, to sign the complaint on the scene? Or could one postpone saying or signing ANYTHING until after a lawyer has been consulted?
Kirbinator
Regular Member
IIRC, Alabama is the same. One comes before a magistrate with a report that a crime has been committed, and if another person will swear to the same, the magistrate will issue a warrant for arrest and court will be held.
I experienced this first-hand after I was assaulted by an individual.
since9
Campaign Veteran
Good point.