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Texas Code of Criminal Procedure - CRIM P Art. 2A.107. Recording and Filing Complaints

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective January 1, 2025 >

(a) If a complaint is made before a district or county attorney that an offense has been committed in the attorney's district or county, as applicable, the attorney shall:

(1) reduce the complaint to writing;

(2) cause the complaint to be signed and sworn to by the complainant;

(3) attest the complaint; and

(4) as applicable:

(A) if the offense is a misdemeanor and except as provided by Subsection (b), immediately prepare an information based on the complaint and file the information in the court having jurisdiction; or

(B) if the offense is a felony, immediately file the complaint with a magistrate of the county.

(b) In a county that does not have a county attorney or a criminal district court, a misdemeanor case may be tried based on complaint alone without an information.

(c) For purposes of fulfilling the duties under this article, a district or county attorney may administer oaths.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 2A.107. Recording and Filing Complaints - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-2a-107/

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