Guide: Elements of a Criminal/Affidavit Complaint

MANDATORY SECTIONS/ELEMENTS #

1. Affiant’s name, title, experience, jurisdictional authority.
   • Emphasize training, experience and knowledge relevant to the type of crime named in the warrant.
   • Remember, training and experience add to probable cause.
2. Background of Affiant (OPTIONAL)
   • Here add any other background information that is PERTINENT, such as expertise, affiliations, etc.
   • When talking about courts, children, abuse/neglect, etc. I include my CV as it lends credibility.
3. Statement of Purpose
   • “This Affidavit is submitted in support of my Criminal Complaint against (NAME the person/agency.).”
   • ” This Affidavit is submitted in support of my request for (state your Demand; Warrant, Investigation, Censure, etc.)
4. Constitutional Guidelines
   • This is simply reminding the Oath Holders of the power of the Constitution.
   • Amend and add/subtract as meets your needs.
5. Statement of probable cause.
   • I have divided my Statement of Probable Cause into two (2) Sections (#5 & 6) for clarity.
   • #5 Statutory Guidelines and #6 Statutory Violations. Guidelines is what is SUPPOSED to happen, violations is what DID happen.
   • Statutory Guidelines
   • To be VERY CLEAR, I try to list the Statutes that apply
6. Statutory Violations
   • Same as with above 5.4, I am being VERY CLEAR so there is no misunderstanding.
   • “This affidavit establishes probable cause to believe evidence of (INSERT CRIME/VIOLATION HERE), in violation of (INSERT LAW OR STATUTE HERE), there is probable cause to believe (INSERT PERSON/AGENCY HERE) committed the offense of controlled substance distribution, in violation of…”
   • Above language can be tailored to your needs.
7. Statement of limited presentation of facts.
   • “This affidavit does not include all of the facts known to me, but only those facts relevant and sufficient to establish probable cause.”
   • You DO NOT have to supply everything you have/know, just enough to meet the Elements of the crimes you are alleging. That is the purpose of the statement above
8. Statement of Facts
   • Facts, to include support for each and every element of the offense or item to be seized (addressed next).
   • Make your narrative Concise and to the Point.
9. Relief
   • Tell them EXACTLY what you want (Relief). It MUST be something they can do, and MUST be clearly asked for. Examples, Investigation, Warrant, etc.
   • If you fail to ask for specific Relief, they will ignore the Affidavit.
10. Verification
    • All Affidavits MUST be Verified. Simply Copy & Paste the last Sections (CHANGE YOUR NAME AND ADDRESS)
    • Notary Acknowledgment: All Affidavits MUST be Notarized and Sworn to. DO NOT LIE!!!

OPTIONAL SECTIONS #

11. Definitions
    • If you have technical or complex terminology, include a list of Definitions.
    • Supporting Documents are NOT NECESSARY, but I often attach my Resume/CV so they understand my areas of expertise.

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Note. This information was taken from publicly available governmental websites. None of this is original material. And nothing contained herein is legal advice.

Be blessed, be a warrior.

Brooks McKenzie, PhD
Chief Baba-Yaga/Driver of a Magic Bus
Molae Ministeria
972.837.5678
Brooks@MolaeMinisteria.org