Frequently Asked Questions:
A civilian complaint is wh= en a member of the general public (not a law enforcement officer) signs a traffi= c, borough ordinance, disorderly persons, or criminal complaint against another person.
First, the complainant (pe= rson filing the complaint) must report the incident to the police department in = the town where the incident occurred. The complainant would then take either a police report or civilian incident report to the municipal court office in the town where the incident occurred. At that time the co= urt staff would give the complainant two forms which would need to be filled out and returned to the court office. The first form is a statement form.= On the statement form the complainant would give their description of the events. Also on this form the complainant must provide the court with the n= ame and address of the person they are signing the complaint against and provide the court with the violation number of what they want to charge the defenda= nt with. The second form is = where the complainant would list any witnesses they would like to be present at t= he trial. Again, the complaint m= ust provide the names and addresses of any witnesses. After the completed forms have been returned to the court, the court will complete the necessary complaint forms and then present them to the complainant for review. After the complainant reviews the summons and/or complaint they will sign it as the complaining party. At this point in the process the C= ourt Administrator will either find probable cause and issue the complaint or schedule the complaint for a probable cause hearing.
A probable cause hearing i= s when the complainant is scheduled to go before the Judge and explain to him the even= ts of the incident. After the Ju= dge listens to the complainant he will then find probable cause and issue the complaint or not find probable cause and not issue the complaint. The defendant is not present at this time. If the complaint is iss= ued the defendant will be served and scheduled for a first appearance, which is where he or she will enter a plea.