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The way the question is worded it is obvious the questioner wants to make a case that the defendant is being placed in a "double jeapordy" situation, which is unconstitutional. There is this possibility - if the defendant committed the same offense against more than just one individual/complainant, each offense can be charged as a separate and distinct incident.
What else can I help you with?
Can you be arrested for a criminal complaint?
A criminal complaint is an alternative to an arrest; this will still appear on your adult criminal record if the judge or clerk magistrate finds probable cause against you. You do not have to appear in court for a show cause on a criminal complaint but you would have to appear at the second stage which is an arraignment. In Massachusetts, the law states that a defendant has the right to be heard before a clerk or assistant clerk magistrate for misdeanor charges which the police department has filed against them if that police department chose not to arrest. The police department has to prove probable cause at a criminal complaint show cause hearing. The defendant does not have to speak; only evidence such as "I couldn't have committed that crime because I was at court on another hearing at the time of the alleged crime" will be heard...not evidence such as "I only yelled at him, I never hit him" will be heard. This is not a trial where guilt or innocence is found.
What party defends against a complaint?
In civil law, the party who is served with the papers beginning the civil action, and is defending the lawsuit is called the "defendant"; the party who brings the lawsuit is called the "plaintiff". In the strictest sense, the person in a criminal 'lawsuit' not a civil proceeding, is called a "defendant". The party, in the criminal action, who brings the lawsuit, a criminal proceeding, is called the "State". The representative for the criminal action against the is a Prosecutor. Please see the discussion page for further notions about using the word "defendant" instead of the label "accused" in a criminal proceeding.
Who initiates proceeding in a civil case?
the plaintiff, that is the person filing the complaint against you.
Must the District Attorney file a criminal complaint against you if you were arrested for a DUI in Las Vegas?
Unless NV is different from every other state, DUI is a traffic offense under the motor vehicle codes which does not require the filing of a criminal complaint. HOWEVER - if your DUI resulted in serious bodily injury or death which would necessitate a charge of manslaughter, it would require a criminal complaint.
Can you file a criminal complaint in one county even if the alleged crime didn't occur in that county?
Yes, it is generally possible to file a criminal complaint in a county where the alleged crime did not occur. However, it would typically be more appropriate to file the complaint in the county where the crime allegedly took place or where the defendant resides. In some cases, the complaint may be transferred to the appropriate jurisdiction.
How would you describe a defendant in a criminal case?
A DEFENDANT - In criminal cases is the person accused/charged with the crime.
Are the parties to a criminal trial the government and the defendant?
Yes, in a criminal trial it is always the government against the defendant.
Is a criminal record the same thing as the criminal complaint?
No, a criminal record is not the same thing as a criminal complaint. A complaint is an accusation, which may or may not result in a conviction. Only a conviction of a crime will result in a criminal record. If someone has complained about you, that does not in itself make you guilty of a crime.
What happens if a criminal defendant dies with charges pending?
No defendant no charges. It is done.
Where a defendant is mistaken the defendant should be excused from criminal liability?
Pretty much no.
What is the last step in a criminal prosecution if the defendant is found guilty?
Sentencing is last step in a criminal prosecution if the defendant is found guilty.
Why is the word defendant misleading?
It isn't. In law, the plaintiff makes a complaint that he has been wronged by the defendant. The defendant must defend himself against the plaintiff's action. In some places, the accused person in a criminal case is also called a defendant; here again, the accusation has been brought against him and he must defend against it, if only by making the general denial implied by a plea of not guilty.
