Template: Criminal Complaint (aka Affidavit)

AFFIDAVIT TEMPLATE: #

Make SURE You Understand How to Use This!!! PRISON if you lie. #

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT #

I, [YOUR FULL NAME], being duly sworn, hereby deposes and says:

1. I am over the age of 18 and am a resident of [YOUR ADDRESS WITH COUNTY]. I have personal knowledge of the facts herein, and can testify completely thereto; and
2. I suffer no legal disabilities and have personal knowledge of the facts set forth below.

1. BACKGROUND OF AFFIANT #

[WHO ARE YOU AND WHY ARE YOU DOING THIS]

2. STATEMENT OF PURPOSE #

This Affidavit is being submitted as Evidence of a Complaint against the following named, and as yet unnamed individuals:

1. [CAN NAME SPECIFIC INDIVIDUALS]
2. [CAN NAME SPECIFIC INDIVIDUALS]
3. AND SO ON…

The violation of Constitutional Protections/Rights by the actors herein constitute crimes that must be referred for prosecution once Probable Cause has been met, and that is accomplished as follows.

Most all who receive this Affidavit/Complaint (as outlined below) has taken an Oath of Office that should be similar to:

Article XVI, Section 1, of the Texas Constitution outlines the official oath of office as follows: “I, _______________________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ___________________ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God.”

In addition, before taking the oath of office and beginning the duties of office, each elected or appointed officer required to take the oath must also subscribe to the following statement:

“I, _______________________, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God.”    TEX. CONST., art. XVI, § 1.

Note. This Oath requires each of you to take action when presented with evidence of corruption, unlawful conduct by another official, or the appearance of unethical/illegal behavior. This Affidavit/Complaint serves the purpose of Evidence, as outlined below.

3. Constitutional Guidelines #

Please take notice that “All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit…” (Texas Constitution, Article 2, Sec. 2).

Please take notice that We the People are endowed, by our Creator, with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.

The Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.”

Please take notice that the abrogation of a right is unlawful. Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.

U.S. Constitution, First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

U.S. Constitution, Amendment 14, Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of 3 1 of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Maxim of Law: Void things are as no things.

4. STATUTORY GUIDELINES #

The following Guidelines are taken from the Texas Code of Criminal Procedure (TCCP):

Art. 15.04. COMPLAINT. #

The affidavit made before the magistrate or district or county attorney is called a “complaint” if it charges the commission of an offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 15.05. REQUISITES OF COMPLAINT. #

The complaint shall be sufficient, without regard to form, if it have these substantial requisites:

1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.
2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.
3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant.
4. It must be signed by the affiant by writing his name or affixing his mark.

Said COMPLAINT (as described herein) is then Submitted to the Magistrate as follows:

CHAPTER 4. COURTS AND CRIMINAL JURISDICTION #

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals, other than the Court of Appeals for
the Fifteenth Court of Appeals District;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the district
courts of Bexar County, Dallas County, Tarrant County, or Travis
County that give preference to criminal cases and the magistrates
appointed by the judges of the criminal district courts of Dallas
County or Tarrant County;
6. The county courts;
7. All county courts at law with criminal jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts;
11. The magistrates appointed by the judges of the district
courts of Lubbock County;
12. The magistrates appointed by the El Paso Council of
Judges;
13. The magistrates appointed by the Collin County
Commissioners Court;
14. The magistrates appointed by the Brazoria County
Commissioners Court or the local administrative judge for Brazoria
County;
15. The magistrates appointed by the judges of the district
courts of Tom Green County;
CODE OF CRIMINAL PROCEDURE
Statute text rendered on: 9/1/2024 – 148 –
16. The magistrates appointed by the judges of the district
and statutory county courts of Denton County; and
17. The magistrates appointed by the judges of the district
and statutory county courts of Grayson County.

As can be clearly seen, many receiving this Affidavit are responsible and have Jurisdiction over this matter and must accept this Affidavit/Complaint.

Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS. #

(a) A magistrate may issue a warrant of arrest or a summons:

1. In any case in which he is by law authorized to order verbally the arrest of an offender;
2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and
3. In any case named in this Code where he is specially authorized to issue warrants of arrest.

5. STATUTORY VIOLATIONS #

PENAL CODE TITLE 8. #

Sec. 39.02.  ABUSE OF OFFICIAL CAPACITY. #

(a)  A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:

(1)  violates a law relating to the public servant’s office or employment; or

(2)  misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.

OFFENSES AGAINST PUBLIC ADMINISTRATION, CHAPTER 39. ABUSE OF OFFICE #

Sec. 39.03.  OFFICIAL OPPRESSION.  #

(a)  A public servant acting under color of his office or employment commits an offense if he:

(1)  Intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

(2)  Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or

(3)  Intentionally subjects another to sexual harassment.

Sec. 39.015.  CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER. #

With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 378 (S.B. 563), Sec. 2, eff. June 15, 2007.

TEXAS CODE OF JUDICIAL CONDUCT #

(As amended by the Supreme Court of Texas through September 1, 2024; Retrieved from: https://www.txcourts.gov/media/1457109/texas-code-of-judicial-conduct.pdf )

Canon 1: Upholding the Integrity and Independence of the Judiciary

Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities

Canon 3: Performing the Duties of Judicial Office Impartially and Diligently

Canon 4: Conducting the Judge’s Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Obligations

Canon 5: Refraining from Inappropriate Political Activity

Canon 6: Compliance with the Code of Judicial Conduct

Canon 7: Effective Date of Compliance

Canon 8: Construction and Terminology of the Code

NOTE. I am not a legal professional; I am a private citizen with no legal training. Therefore, I am not responsible to outline every possible crime committed, but merely to provided enough for Probable Cause, which has been more than met with the following Statement of Facts.

6. 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. I have no duty to provide evidence to the accused, nor do I have any responsibility to conduct any investigation that falls under the purview of anyone receiving this Affidavit. I have met my burden as this Affidavit/Complaint establishes Probable Cause on its face.

7. STATEMENT OF FACTS #

My name is [YOUR FULL NAME], I am over the age of 18, of sound mind, and capable of making this affidavit. I have personal knowledge of the facts stated herein, which are true and correct.

1. [THIS IS WHERE YOU INSERT YOUR TIMELINE]
2. [ONLY NEED TO SHOW PROBABLE CASUE]
3. [NOT VOMIT YOUR TRAUMA…BARE BONES ONLY]

8. RELIEF #

This Affiant, [YOUR FULL NAME], is DEMANDING the following Relief:

1. [THIS IS WHERE YOU INSERT YOUR DEMNDS FOR RELIEF]
2. [MUST BE SPECIFIC ENOUGH TO ACCOMPLISH]
3. [AND WITHIN THE POWER AND AUTHORITY OF WHO YOU ARE DEMANDING ACTION FROM]
4. [AND SO ON]

Please take notice that failure to respond indicates tacit acquiescence, whereby you agree to all claims herein, and this affidavit shall stand as evidence against you in all courts of record, that you do, with full known malice and intent, support the unlawful abrogation of the Peoples’ Constitutional rights, a violation of your oath to the Constitutions of these United States, including the Texas Constitution, Article 16, Section 1.

Please take notice that all responses not Verified and submitted under penalty of perjury WITHIN 30 DAYS are non-responses and shall consent to all claims herein.

I declare that to the best of my knowledge and belief, the information herein is true, correct, and complete AND THAT I HAVE PERSONAL KNOWLEDGE OF THE EVENTS REPORTED HEREIN.

Executed this day [DATE SIGNED]

__________________________________

[YOUR FULL NAME,

ADDRESS,

CONTACT INFO]

9. VERIFICATION #

My name is [YOUR FULL NAME], my date of birth is [YOUR BIRTHDATE], and my address is [YOUR ADDRESS WITH COUNTY]. County, U.S. I declare under penalty of perjury that the forgoing is true and correct. I have read this entire Affidavit/Complaint. The facts and circumstances contained in this petition are true to the best of my knowledge and belief. I have PERSONAL KNOWLEDGE of the facts contained herein.

__________________________________

[YOUR FULL NAME]

Individual; Pro Se

Executed in Click or tap here to enter text., State of Texas, on the Click or tap to enter a date..

10.             NOTARY ACKNOWLEDGEMENT #

State of Texas

County of ______________________________________

Click or tap here to enter text., personally appeared before me, and being first duly sworn declared that he signed this application in the capacity designated, if any, and further states that he has read the above application and the statements therein contained are true.

_____________________________________

(Personalized Seal)                                                                                                                                                           Notary Public’s Signature

__________________________

Date