Criminal Courts, Pretrial Processes, and the Exclusionary Rule

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A criminal complaint is a list of the charges that the prosecuting attorney will file against a person. It typically describes the nature of the offense and can become part of public record. An indictment is a written document presented to a grand jury who decides if the charges warrant further action, such as a trial. It is a formal accusation that is presented by the prosecuting attorney.

DIFFERENCE

The difference between an indictment and a criminal complaint is that the indictment is sworn testimony given under oath, while the complaint is just a signed affidavit by the accuser. In some cases, such as misdemeanors, the proceedings may go forward with just the criminal complaint in hand. But indictments typically require a grand jury decision to move forward with the case.

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