Rule 2: How Felony Cases Commence
Posted by criminal defense attorney Nick Alcock

Felony cases can start in two different ways. First, the prosecution can go to a grand jury, present evidence and obtain an indictment. Second, the prosecution can file a criminal complaint. The complaint is a written statement of the facts of the case, indicating why it is that the conduct of the defendant is illegal. The complaint has to be taken to a judge and the prosecutor needs to swear to the judge that the complaint is true. Criminal attorneys know that often times prosecutors do not research cases completely prior to filing a complaint. As a result, there are opportunities for defense attorneys to file motions to dismiss if there is not probable cause. (This concept will be discussed in later Rules)