Quote:
|
Now THERE's something that just AIN'T gonna happen!
|
Then the question becomes, Why Not?
I looked into the procedure for my State and it didnt mention an affidavit, so I guess I was wrong about that, here it is;
Sec. 36-11 Information and Complaint ;Use
All felonies shall be prosecuted by information. All misdemeanors, violations, and infractions shall be prosecuted by information or complaint. In all jury cases, and in all other cases on
written request of the defendant, the prosecuting authority as of course shall issue an information in place of the uniform summons and complaint.
36-12 Issuance of Informtation
An information shall be signed by the prosecuting authority. When any person is arrested without a warrant or is issued a summons, the prosecuting authority shall, without necessary delay, review the acts of the complained of and determine whether it appears that there is reasonable cause to believe that an offense has been committed within the jurisdiction of the court and that the person arrested or the person to whom the summons was issue comitted the offense. If the prosecuting authority determines that reasonable cause exists, it shall, in cases where an information is required, present information to the court pursuent to 36-11. If the prosecuting authority determines that reasonable cause does not exist, it shall not present the matter to the court, but an entry shall be made on the case papers indicating that prosecution was declined upon authority of this secition, and a brief statement shall be made in open court. For purposes of erasure pursuant to the General Statutes, that action shall be deemed dismissed.
36-13 Form of Information
The information shall be plain, concise and definite written statement of the offense charged. The information need not contain a formal comencement, a formal conclusion or any other matter not necessary to such statement.Allegations made in one count may be incorporated by refrence in another count. It may be alleged in a single count that the means by which the defendant comitted the offense are unkown by one or more specific means. The information shall state for each count the official or customary citation of the statute, rule, regulation, or other provision of law which defendant is alleged to have violated.
The information may also contain;
1) the name of the court in which it is filled;
2) Then title of the action;
3) The name of the defendant;
4) A statement that such crime was committed in a particular judicial district or geographical area, or at a particular place within such judiical district or geographical area; and
5) A statment that such crime was committed on, or on or about, a particular date or period of time.