Tips for Effective Charging: Less Is More
When it comes to drafting complaints in municipal court, less is often more. Under Article 45A.101 of the Code of Criminal Procedure, a complaint must include a statement that the accused committed an offense. But that doesn’t mean it needs extra details beyond what’s required to establish the elements of the offense. In fact, including…
Surplusage and Variances: Navigating the Materiality Test under Gollihar
by Ned Minevitz and Madison Mondragon Must Extra Information in a Complaint be Proven at Trial? Article 45A.101 of the Code of Criminal Procedure provides the necessary information to include when drafting a sufficient complaint to initiate criminal proceedings in municipal court. This blog will focus on Article 45A.101(a)(4), which requires either a statement that…
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