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 too much can make the State’s job harder at trial—even when those details were meant to be helpful.
Example: Speeding Charges
Speeding is one of the most common charges in municipal court. But it’s also where complaints can get tripped up by unnecessary specifics.
Consider this:
The Defendant did then and there operate a motor vehicle at a speed of 62 miles per hour in a 35 mile per hour zone.
If the complaint includes a specific speed, the State will likely need to prove that exact speed at trial. If the evidence instead supports 58 mph, the defense may argue that the State hasn’t proven the offense as charged. The more specific the complaint, the less room for error the State has in court.
When Specifics Aren’t Required
For offenses where speed is not an element—such as unlawfully passing a school bus—mentioning how fast the defendant was driving is usually unnecessary. Including it may not materially increase the State’s burden, but it’s also unlikely to strengthen the case. At best, it’s extra. At worst, it creates confusion about what must be proven beyond a reasonable doubt.
Why It Matters
Complaints are not storytelling devices—they’re charging documents. Extra details don’t make them more official; they just open the door to unintended legal consequences.
Key Takeaways:
Stick to the statutory elements of the offense.
Avoid including details unless the law requires it.
Be accurate—you’ll likely have to prove what you write.
Don’t add unnecessary facts that complicate proof.
Clear, concise complaints make for a smoother trial, a clearer job for judges and juries, and a stronger path to conviction.
Full Court Press 