Municipal Court Citizen Complaint Form
A citizen’s complaint is a request by a citizen to begin a criminal prosecution against someone. The citizen must, in good faith, make a full, fair, and honest disclosure of all facts and circumstances known to him/her at the time an Application for Complaint is filed.
A citizen’s complaint is unrelated to criminal procedure in that it cannot act as a charging document. Rather, it is an allegation of misconduct by a person (typically a resident) against another person.
To file a citizen complaint, you may go to the Municipal Court in the jurisdiction where the alleged violation occurred and fill out a Citizen’s Complaint and the Sworn Affidavit form which must contain the defendant's name, address, and the offense which is alleged.
The court at no time will:
- give you legal advice
- inform you of which violation to request a charge for
- tell you whether or not you should file a citizen complaint
- give you an opinion about what will happen if you file a citizen complaint
- recommend a specific lawyer
- speak to the Judge, on your behalf, about the circumstances surrounding of the citizen complaint
- speak to the City Prosecutor, on your behalf, about the circumstances surrounding of the citizen complaint
- allow you to speak with the judge outside of the courtroom
Please note that the filing of a complaint does not automatically result in criminal charges being filed.
The sworn affidavit will be reviewed by the Prosecuting Attorney. If he/she determines that an offense may have occurred and there is sufficient evidence, the Prosecutor will accept and approve the complaint for filing with the Court
If the case is filed, you become a state’s witness. You will be required to appear before the Court to testify if the Defendant enters a plea of Not Guilty. You will be subpoenaed to appear, and you must not violate the terms of the subpoena; doing so may constitute contempt of court. You must provide the Court with a correct residence address and telephone number so that you can be contacted and must update this information if it changes.
Although your participation is mandatory, you will have no authority over the course of the proceedings. Trial settings are scheduled on the Court’s docket schedule, not at your convenience.
The Prosecutor is not your attorney and does not represent you. You are advised that when you speak with the Prosecutor, the Prosecutor represents the State of Texas and no attorney-client relationship is established by any communications you may have regarding the Application for Citizen’s Complaint, the Sworn Affidavit, or any related matters.
Prior to submitting a Citizen’s Complaint, please insure you have read and understand the requirements.