# Notes

### Introduction

* **Corporate Defendants:** Filing an **information**
* **Non-Corporate Defendants:** Filing an **information** or a **grand jury indictment**.
  * Neither the federal constitution’s Due Process Clause nor the Wisconsin Constitution mandates this process.
    * Upon a grand jury indictment, a **complaint is formally issued**, setting in motion proceedings that mirror those initiated by a criminal complaint, including a preliminary hearing for felonies.
* **Common Practice:** **criminal complaint**. The nature of the crime dictates the subsequent steps:
  * **Misdemeanors:** Trials proceed directly based on the complaint.
  * **Felonies:** A more detailed **information** is filed later, granting the trial court jurisdiction over the matter.

### Criminal Complaint

#### Function and Substance

1. Outlining the nature and circumstances of the alleged offense.
2. Establishing probable cause that the named individual committed the crime(s).
3. Setting forth the basis of the court's jurisdiction over the case and the accused.

#### Probable Cause—"Essential Facts"

Probable cause or "essential facts" must satisfactorily answer the questions:

* Who is charged?
* What are they charged with?
* When and where did the alleged offense occur?
* Why is this person specifically being charged?
* How reliable is the informant or the source of the accusation?

### Charging & the Elements of the Crime

For a charge to proceed:

1. **Accusation Clarity**
2. **Non-Duplication:** The complaint should ensure that a conviction or acquittal will prevent another prosecution for the same offense.

The complaint must:

* **Describe** the crime known to law.
* Provide **enough detail for each element of the offense to be inferred**.
* Include a **statement of potential penalties upon conviction**.

***

<details>

<summary>Attributions</summary>

See Christine M. Wiseman and Michael Tobin, 9 Wis. Prac., Criminal Practice & Procedure §§ 1:1-31 (2d ed.).

</details>


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