Legal Question in Criminal Law in California

Validity of felony complaint

I understand that in order to prosecute someone for a criminal offense there must be a felony complaint signed under penalty of perjury.

Is the person who signs the felony complaint the witness?

Is this the person who would go to jail if the offense was never commited, for filing a false complaint?

And my other question is, being that a corporation is a fictitious entity, can a corporation suit a man or a woman.


Asked on 4/08/05, 10:33 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Validity of felony complaint

The process you describe is one way criminal charges can be brought, but it is not the only way. Most jurisdictions also make use of grand juries. Some systems use grand juries more often than do others; here in California they are not used very often, but they are quite common in the federal courts.

The felony complaint you describe (which is called an "information" here in California) is prepared and signed by a prosecutor, not by a witness. The prosecutor must sign under penalty of perjury, but his signature means only that there is good reason to believe the allegations and not that the allegations are true. There is no penalty merely for being wrong about the charges, but there is for maliciously bringing charges the prosecutor knows are untrue.

I'm not sure I see the connection to your third question, or even that I understand what you are asking, but I'll do my best. Corporations are not "fictitious entities". They are not people, of course, but the law recognizes their existence. For most purposes, a statute that refers to "persons" applies to people as well as to corporate entities and other organizations. Corporations can indeed sue people, just as they can sue other corporations and just as people can sue them.

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Answered on 4/08/05, 5:46 pm


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