What is a charging document? It is the document that initiates a criminal case against a defendant. Also known as complaint and information, affidavit and complaint/information, and grand jury indictments, all of these are charging documents and are essential to the proper processing of any criminal case through the state or federal procedures, from arrest to ultimately conviction and sentencing.
Most people these days have no idea what a charging document consists of or how to determine whether it is effective. Generally, for a charging document to be effective and correct in both substance and procedure, it must contain the following regarding the would-be defendant and the crime they have allegedly committed:
- Who (committed the crime and was the crime committed against)
- What (was the content of the crime according to the statutes, which should be listed and include a description of what was done by defendant)
- When (did the crime occur, such as on or about what date and/or time of day)
- Where (was the crime against the victim committed)
- Why (what was the motive; some statutes require specific intent to be proven, such as with strict liability crimes)
- How (was the crime committed against the victim)
As you can see, there are quite a few elements that MUST be incorporated into a criminal charging document(s) in order for the court to obtain jurisdiction over both the person who allegedly committed the crime (defendant) and the subject matter (content/statute) of the crime itself. This jurisdiction is essential for a court to adjudicate any claims; it must be established that a court has jurisdiction before anything else in a case can be effective.
Should one or more of these elements be missing from a charging document, then it is considered defective. It is either defective for substance (a substantive reason), or for a procedural one. Nevertheless, one of the most important things to be aware of and review in your case is whether the Court in your case has jurisdiction, even if you have been incarcerated for years. If a Court lacks either personam (personal) or subject matter jurisdiction, they cannot have the other either, and are therefore in what is called ‘want’ (lack) of jurisdiction. Now you can see how important it is for a court to have an effective charging document against you, and to have obtained jurisdiction before going forward with anything in a case.
Even if you have been incarcerated for many years, there is never a statute of limitations when appealing your case because it has a defective charging document, as the court never had jurisdiction to charge you, adjudicate your claim, determine your guilt or innocence, or sentence you to any period of confinement. They MUST have a proper and legal charging document if any conviction is meant to stand. This is where we come in.
It is quite easy for us to be able to take a look at your charging document and determine whether it is defective, and you may have certain post-conviction remedies available to you. Although the elements above are all necessary, the only exception is the ‘exact’ time frame (when) of most sex offenses. The precise time to be claimed in the charging document is usually not necessary in these cases, but it cannot be too unreasonable, either, such as the crime occurring in a certain year, as this is too vague to be valid.
After informing you about all of this, consider allowing us to take a look at your charging documents to determine whether the court had jurisdiction to confine you in your case. This is the very first review most any legal professional does of a client’s case, as it is the foundation upon which the remainder of the case can be based. If the foundation is not strong, if there are any chinks in the armor that they have used against you in your case as their iron shield, we will find it. We encourage you to work with us to help you to find any issues in the initiating documents in your case, the documents that started it all. These charging documents are the foundation to your case; if they crumble, then so does their case against you. Relief may be much closer than you think, a second opportunity to have your case looked at regardless of how long it has been since your day in court, it is absolutely worth it for your life.
There is nothing to lose and only freedom to gain. Please click here to contact us. We look forward to hearing from you about your case.