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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20398
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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How does a person file a Misdemeanor law suit What steps

Resolved Question:

How does a person file a Misdemeanor law suit ? What steps have to be taken, and the order in which they jhave to be filed?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 8 years ago.
Hello Cagle Mt,

You cannot technically file the criminal case in court since it is the state that must do so. But, if you know of a crime you can either report it to the appropriate law enforcement authorities by swearing out a complaint or go directly to the local State's Attorney or District Attorney in your area if it is a state criminal law that was violated. If it is a federal law, then you would report it to the FBI.
Customer: replied 8 years ago.
Do I have to go to the County clerk of Courts to file a Complaint? or to the local Judge,Who?
Expert:  Marsha411JD replied 8 years ago.
Hello again,

No, as I said, you either go straight to the police or sheriff, depending on whether the criminal activity occured in the city or outside the city limits, or you can go straight to the District or State's Attorney's Office. You do not go to the county clerk or a judge. This is not a case you can file since it is criminal. You must start a criminal investigation by one of the ways I mentioned above and again here. My recommendation is that you go to the police or sheriff first and see what they say.
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