Private Criminal Complaints
The police normally bring charges against persons who have committed crimes. The Office of the District Attorney has confidence in the investigative decisions made by local law enforcement and expects that local law enforcement will bring criminal charges when probable cause supports the filing of charges.
However, in certain circumstances, Pennsylvania law does permit an individual to file criminal charges against another person on his or her own. Pennsylvania Rule of Criminal Procedure 506 permits an individual to file a request for permission to pursue a private criminal complaint before a Magisterial District Judge. The filed request is made in an officially recognized form (drafted by the Administrative Office of Pennsylvania Courts), which can be accessed below. An individual filing the private complaint form must establish “probable cause” that the accused person did, in fact, commit a crime. Probable cause is the legal standard of proof that the Pennsylvania Courts require in order to allow criminal charges to be officially filed against any defendant.
The District Attorney then reviews the request to determine if it is appropriate to allow an individual to pursue a private criminal complaint. A disapproval can be based on a lack of probable cause or legitimate policy concerns set by the District Attorney.
Any person approved to file a Private Criminal Complaint becomes the “affiant”, or the person making the allegation, just as if the charges were brought by a police officer. In other words, a person approved to pursue a private criminal complaint must be prepared to prove probable cause at the preliminary hearing before a Magisterial District Judge. It is the policy of the Northampton County District Attorney that Assistant District Attorneys will not be assigned to represent a private citizen who brings a private complaint against a fellow citizen.
If a private criminal complaint survives the preliminary hearing stage and is bound over to the Court of Common Pleas, the District Attorney will assign an Assistant District Attorney to the case at Formal Arraignment.
The law governing Private Criminal Complaints
Pennsylvania law allows for private citizens to file Private Criminal Complaints through its Court system with certain restrictions, which are detailed in Title 234, Pennsylvania Rules of Criminal Procedure. Specifically, Rule 504 sets forth the required contents of a private criminal complaint. Rule 506 sets forth the approval process for a private complaint.
All persons seeking to file a Private Criminal Complaint must understand that there are numerous laws in the Pennsylvania Crimes Code that address the filing of private criminal complaints in bad faith. Examples of such crimes are False Swearing (18 Pa. C.S.A. §4903), Unsworn Falsification (18 Pa. C.S.A. §4904), False Reports to Law Enforcement (18 Pa. C.S.A. §4906), and Obstructing Administration of Law or Other Governmental Function (18 Pa. C.S.A. §5101).
Policy and Procedure Directives of the District Attorney
I. General Policy:
The filing of criminal charges against another individual is a serious matter that requires that a crime has been committed and the person(s) accused have committed the crime alleged. There are legal requirements that must be addressed by the District Attorney when reviewing requests for approval to file a private criminal complaint, including that the fact pattern establishes all the elements supporting the crime alleged, compliance with the statute of limitations, and proper jurisdiction. In addition, the District Attorney will consider any prior investigative action taken by local law enforcement.
II. Monetary disputes:
The Policy of the Northampton County District Attorney is that a private criminal complaint is not appropriate to resolve monetary or other disputes involving is properly the subject of a civil action. Therefore, as a general rule: Contract actions and sales agreement (written and oral), disputes between landlord/tenants regarding rent and rental property, the recovery of borrowed property, disputes related to child custody and custodial exchanges, property disputes between neighbors, and other non-violent insults typical of daily life should not be pursued through our criminal justice system.
Further, a private criminal complaint is not a mechanism for private citizens to appeal, oppose, or defend against the exercise of discretion by local law enforcement. Concerns or disappointment with police action or inaction should be presented to local governmental officials who employ or supervise the police.
III. Summary Offenses:
As a general rule, Private Criminal Complaints are most appropriate for misdemeanor crimes. In Northampton County, a citizen who wishes to bring summary charges against another citizen, may do so with the approval of the District Attorney. Summary Complaints may be filed directly with the Magisterial District Judge having jurisdiction in the municipality where the alleged summary offense occurred, and the complaint will then be forwarded to this office for review and approval. However, please know that the criminal process is not appropriate for vindicating life’s insults or resolving petty disputes. The District Attorney will closely review all submissions. In cases where no probable cause exists and/or the factual summary is not detailed enough to establish all the elements of the crime alleged, the complaint will be disapproved. Further, in any case where there appears to be an appropriate civil remedy available to the complainant, the complaints will be disapproved.
IV. Misdemeanor Offenses:
It is not unusual that the District Attorney, after review of a private criminal complaint form alleging misdemeanor crime, may disagree and restrict his approval to the filing of a summary offense instead. The District Attorney’s approval will always set forth the specific crime (statutory section and subsection that sets forth the grading of the crime) as part of his approval.
As stated above, if the District Attorney approves the filing of misdemeanor crimes, the person submitting the complaint must prosecute the approved complaint on his/her own through the preliminary hearing process.
Should the person prosecuting the private complaint desire representation, he/she may hire a private attorney and that private attorney must then send a request letter to the District Attorney seeking approval to prosecute the case before the Magisterial District Judge. Such private attorney requests are routinely granted.
However, there may be times when the factual summary submitted in support of a private criminal complaint sets forth serious allegations that suggests to the District Attorney that there should be a law enforcement referral and investigation, the District Attorney will decline to approve the complaint and instead refer the complaint to local law enforcement having original jurisdiction, and/or refer the complaint to the Chief County Detective for review and recommendation. Examples of such charges are (but not limited to):
- Any possible felony charge (including financial loss in excess of $2,000)
- Serious bodily injury
- Sexual assault
- Crimes involving child victims
- Crimes involving the use of a weapon
- Claims of physical abuse or financial abuse of the elderly
- Alleged crimes committed by governmental officials
V. Felony charges:
It is the non-negotiable policy of the Northampton County District Attorney that felony charges are never appropriate for approval as a private criminal complaint. In every case that involves a request for approval of felony level charges, the complaint will be referred to local law enforcement. If local law enforcement declines to file charges, a request for further review may be forwarded to the District Attorney. Once received, the District Attorney will review the allegations and determine, in conjunction with his Chief County Detective, whether or not the allegations support probable cause and/or will be assigned for review and investigation by a Northampton County Detective.
Our review will likely support any reasonable investigation conducted by local law enforcement.
VI. Bad checks:
Bad check complaints require specific information to establish probable cause. Any complainant seeking to bring a private complaint for bad checks where the banking institution denies payment for lack of funds or because the account was closed, must consult with the statute [18 Pa.C.S.A. § 4105(b)].
The law requires the complainant to produce proof of notice that the banking institution refused to issue payment and the accused was given notice of the statutorily required 10-day period thereafter to make good on the refused check. Failure to provide proof of the statutory requirements will result in the disapproval of the complaint.
VII. Forms:
The Private Criminal Complaint form (drafted by the Administrative Office of Pennsylvania Courts) is the only document required to begin the Private Criminal Complaint Process. This document is linked below and should be completed and filed at the local Magisterial District Court with jurisdiction over the matter.
Private Criminal Complaint Form (PDF)
All sections of the Private Criminal Complaint must be completed.
Once complete, file the Private Criminal Complaint and any supporting documentation, including copies of photographs and/or video evidence that assists in establishing probable cause, with the Magisterial District Court having jurisdiction over the geographic place where the alleged crime(s) occurred. The Magisterial District Judge will send your documentation on to the District Attorney.
A listing of all Magisterial District Courts in Northampton County is available on the Northampton County Court of Common Pleas website.
VIII. Disapprovals:
Ultimately, if a private criminal complaint is disapproved, the complainant may petition the Court of Common Pleas for review. Additionally, the complainant may always consult with a private attorney to discuss the possibility of other options, including a civil action.
IX. Approvals:
If the Private Criminal Complaint is approved and a process is issued (complaint served upon the defendant by the Court), you must appear at any and all court proceedings that result. You will also be responsible for providing the Magisterial District Judge with the names and addresses of all persons you wish to be called as witnesses on your behalf.