Except Bad Check Complaints

Before a private criminal complaint is accepted the complainant must verify they have reported the alleged crime to the police of local jurisdiction.

Upon receipt of a private criminal complaint it will be forwarded to the Confidential Secretary for the Chief County Detective for entry into the detective database and then the complaint is assigned to a County Detective

The Detective will contact the complainant and verify the facts of the complaint and the complainant’s willingness to follow through with the complaint. If complainant no longer wishes to proceed with the complaint, the original complaint form will be noted and returned to the Confidential Secretary to be updated on the database. The original complaint will be signed disapproved by an ADA with the reason in writing being "Affiant withdraws his/her complaint with prejudice."

If the complainant continues to have interest in the complaint, the Detective will obtain copies of the police investigative reports and other pertinent information.

The documents will be submitted to an Assistant District Attorney for review. The assigned Detective will generate an investigative report.

All investigative documents will be provided to the ADA. The ADA, under the supervision of a Senior ADA, will make a recommendation to the First Assistant District Attorney on approval, denial or referral for police prosecution.

Final signed decision by the First Assistant District Attorney is forwarded to the Confidential Secretary for notification letters.

• Approved: Complainant will be provided with written authorization to present to the Magisterial District Justice to file a Private Criminal Prosecution.
• Disapproved: The complaint lacks sufficient credible evidence to substantiate a private criminal prosecution.
• Referred: The complaint is referred to local police jurisdiction for further investigation and prosecution.

Bad Checks Complaints

Bad Check Private Criminal Complaints do not require local police notification.

Upon receipt of a private criminal complaint it will be forwarded to the Confidential Secretary for the Chief County Detective for entry into the detective database and NCIC, CLEAN and PCMS queries will be run on all involved parties.

An ADA, under the supervision of a Senior ADA, will make a recommendation to the First Assistant District Attorney on approval, denial or referral for police prosecution.

Only first time offenders involving returned from the bank, as insufficient funds with an M2 or M3 grading will be approved. All others will be referred for police investigation.

Final signed decision by the First Assistant District Attorney is forwarded to the Confidential Secretary for notification letters.

• Approved: Complainant will be provided with written authorization to present to the Magisterial District Justice to file a Private Criminal Prosecution.
• Disapproved: The complaint lacks sufficient credible evidence to substantiate a private criminal prosecution.
• Referred: The complaint is referred to local police jurisdiction for further investigation and prosecution.

(We have no jurisdiction in summary criminal violations. All summary criminal violations will be referred to the local police jurisdiction of the Magisterial District Justice Office)