Rule 3 Commencement and complaint

A criminal case in Delaware can be started in several ways. These include a formal indictment, a written complaint, an information filing, or even an arrest or summons without a warrant.

A complaint is a written document that describes the basic facts of the crime someone is accused of. The person making the complaint must swear under oath that the information is true. This oath is taken in front of a magistrate or another official who has the legal authority to issue warrants.

The person writing the complaint does not have to have personally witnessed the crime. They can base the complaint on what they know directly or on information they reasonably believe to be true.