The document that starts a case
In New York criminal court, a case usually begins with an accusatory instrument, often a misdemeanor or felony complaint sworn to by an officer or a witness. When a misdemeanor complaint relies on what someone else told the officer, the prosecution generally has to convert it, often with a sworn statement from the complaining witness, before the case can go to trial. A felony complaint usually leads toward grand jury proceedings, a reduction to a lesser charge, or a negotiated outcome. Reading the complaint closely matters, because its factual allegations and the specific charges listed are where the defense starts testing the case.
What the complaining witness controls
People who made a report often believe they can withdraw it, and people accused often believe the case ends if the other person changes their mind. Neither is quite right. The prosecutor decides whether to continue, and a complainant who wants to stop can say so to the prosecutor, but taking back a sworn statement raises issues of its own and is worth discussing with a lawyer first. If you are the accused, do not contact the complainant about the case, even if they reach out, because that contact may violate an order of protection and can be used against you. If you are the person who was hurt, a victim advocate at the district attorney's office can explain how the case will move.
Making or answering a complaint
Someone considering a report can usually make it at a police precinct, and in family situations there may also be a route through Family Court. Bring photographs, medical records, and the names of anyone who saw what happened. If you have been named, gather the messages exchanged before and after the incident and note any cameras you know of, and let counsel request footage held by others. In a first meeting we read the complaint together, check whether an order of protection is in place, and confirm the next court date and what is expected of you there.
