OVERVIEW OF THE CRIMINAL PROCESS
A. Pre-Indictment
1. Complaint
The criminal process usually begins with the filing of a
complaint in the municipal court.2 The complaint is a written
statement accusing a specific person of committing an offense
and citing the essential facts constituting the offense.
Complaints are usually made by police officers, but all citizens
have the right to lodge complaints. The Court Rules require
that the court clerk, deputy clerk, municipal court administrator
or deputy court administrator accept for filing, any complaints
made by any person. See R. 3:2-1(a). The Rules require that
the complaint be made upon oath or by certification before a
judge or other person, e.g., municipal court administrator,
authorized by N.J.S.A. 2B:12-21 to take complaints.
