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a formal charge. The Illinois Compiled Statutes state:
(725 ILCS 5/Art. 111 heading) ARTICLE 111. CHARGING AN OFFENSE
(725 ILCS 5/111 1) (!r"# Ch. $%& 'ar. 111 1) Se(. 111 1. )eth"d* "! 'r"*e(+ti"n. ,hen a+th"ri-ed ./ 0a1 a 'r"*e(+ti"n #a/ .e ("##en(ed ./2 (a) A complaint3 (.) An information3 (() An indictment.
Check your State s statutes and you !ill find similar !ording. To understand a "charge# !e must first kno! !hat the elements of the "charge# are:
(725 ILCS 5/111 $) (!r"# Ch. $%& 'ar. 111 $) Se(. 111 $. F"r# "! (harge. (a) A (harge *ha00 .e in 1riting and a00ege the ("##i**i"n "! an "!!en*e ./2 (1) Stating the na#e "! the "!!en*e3 (2) Citing the *tat+t"r/ 'r"4i*i"n a00eged t" ha4e .een 4i"0ated3 ($) Setting !"rth the nat+re and e0e#ent* "! the "!!en*e (harged3 (5) Stating the date and ("+nt/ "! the "!!en*e a* de!inite0/ a* (an .e d"ne3 and (5) Stating the na#e "! the a((+*ed& i! 6n"1n& and i! n"t 6n"1n& de*ignate the a((+*ed ./ an/ na#e "r de*(ri'ti"n ./ 1hi(h he (an .e identi!ied 1ith rea*"na.0e (ertaint/. (.) An indi(t#ent *ha00 .e *igned ./ the !"re#an "! the Grand 7+r/ and an in!"r#ati"n *ha00 .e *igned ./ the State8* Att"rne/ and *1"rn t" ./ hi# "r an"ther. A ("#'0aint *ha00 .e *1"rn t" and *igned ./ the ("#'0ainant3 9r"4ided& h"1e4er& that 1hen a citation i* i**+ed "n a :ni!"r# Tra!!i( Ti(6et "r :ni!"r# C"n*er4ati"n Ti(6et (in a !"r# 're*(ri.ed ./ the C"n!eren(e "! Chie! Cir(+it 7+dge* and !i0ed 1ith the S+'re#e C"+rt)& the ("'/ "! *+(h :ni!"r# Ti(6et 1hi(h i* !i0ed 1ith the (ir(+it ("+rt constitutes a complaint t" 1hi(h the de!endant may plead, unless he *'e(i!i(a00/ requests that a verified complaint be filed.
$eading (%), it e&plains in detail ho! to charge %y indictment, information, and complaint. 'ut notice the !ord "citation# !hen used in reference to a (niform Traffic Ticket or (niform Conversation Ticket. Where in ")ethods of *rosecution# a%ove does the !ord "citation# appear+ It does not. $eading further, (%) states that such citation "constitutes a complaint to !hich the defendant may plead unless he specifically re,uests that a verified complaint %e filed.# -otice "may plead#. If you accept !hat is
essentially a defective charging document then you have given the court /urisdiction it other!ise !ould not have %ecause you !ere actually not charged, %ut chose to plead any!ay. The follo!ing motion is for invoking your demand for a verified complaint, !hich is seldom if ever issued, %ecause as stated in (%) it re,uires a complaint to %e s!orn to and signed %y the complainant. Since the policeman is not the complainant, %ecause he is merely a !itness to an alleged offense and suffered no harm, he cannot sign the complaint as the complainant. 0nly the representative of the *eople of the State of Illinois can sign as the complainant and doing so under oath they are stating they have first hand kno!ledge of the facts constituting the offense, !hich they do not. They also kno! cops lie and to s!ear to such a complaint !here they have no kno!ledge of the facts and their !itness is a liar !ould su%/ect them to malicious prosecution and false arrest, as !ell as per/ury. This motion also re,uests a "'ill of *articulars#. 1s stated %y statute:
(725 ILCS 5/111 ;) (!r"# Ch. $%& 'ar. 111 ;) Se(. 111 ;. <i00 "! 'arti(+0ar*. ,hen an indi(t#ent& in!"r#ati"n "r ("#'0aint (harge* an "!!en*e in a(("rdan(e 1ith the 'r"4i*i"n* "! Se(ti"n 111 $ "! thi* C"de .+t !ai0* t" *'e(i!/ the 'arti(+0ar* "! the "!!en*e *+!!i(ient0/ t" ena.0e the de!endant t" 're'are hi* de!en*e the ("+rt #a/& "n 1ritten #"ti"n "! the de!endant& re=+ire the State8* Att"rne/ t" !+rni*h the de!endant 1ith a <i00 "! 9arti(+0ar* ("ntaining *+(h 'arti(+0ar* a* #a/ .e ne(e**ar/ !"r the 're'arati"n "! the de!en*e. At the tria0 "! the (a+*e the State8* e4iden(e *ha00 .e ("n!ined t" the 'arti(+0ar* "! the .i00. (S"+r(e2 La1* 1>;$& '. 2%$;.)
This is !here the court asks, "2o you understand the charges+# If you say "yes#, then you claim to understand every aspect of the offense !hich you must have performed, or fail to have performed, in order to support the charge. 3or instance, if you are stopped !hile driving in a parking lot %y the police and they discover you do not have a drivers license and issue a citation for such you may appear in court and, !hen asked if you understand the charges, say yes. 4o!ever, the "la!# says that anyone !ho "0perates a motor vehicle upon a high!ay in this State !ithout possessing a valid drivers license5# is guilty of the offense of "0perating a motor vehicle !ithout a license#. 4o!ever, no!here on the citation is it stated that you !ere operating a motor vehicle upon a high!ay in this State. The demand for a 'ill of *articulars forces the State to list !ith specificity every aspect of the charge that supports the offense. When provided !ith a 'ill of *articulars, the State is limited to proving only those issues in support of the charge and must prove every one of them. I hope this )otion proves helpful. 6mail me at mark7at8markmccoy7dot8com !ith any ,uestions or comments.
.IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. Name of Accused A$$%s& . ) ) ) ) ) ) )
Illinois Citation an Co!"laint No. #######
'OTION FOR DE'AND OF FILIN( A )ERIFIED CO'PLAINT No* $o!&s t+& A$$%s& , Name of Accused, a""&a,in- S"&$iall. an not (&n&,all., an fo, +is 'otion fo, D&!an of Filin- a )&,ifi& Co!"laint, "%,s%ant to /01 ILCS 123334567), stat&s as follo*s8
.. The demand to file a verified complaint is %ased upon the fact that (.) a complaint )(ST %e filed that shall conform to I:CS ;9< = <>...?@(a) !hich shall %e deemed to %e an original complaint and (9) the 1ccused 206S -0T and WI:: -0T voluntarily !aive the filing of a verified complaint. 9. 1ccused does -0T plead to the defective "Illinois Citation and Complaint#, hereinafter "Citation#, as it does not meet the statutory re,uirements of .) a Aerified Complaint, 9) a -otice to 1ppear nor @) a Summons. Illinois :a! is clear that a charge comes in three forms: "Charge# means a !ritten statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment. ;9< I:CS <>.B9?C and ;@B I:CS <><?.?@
@. The form of charge is not an indictment, as the charge has not gone %efore a Drand Eury and there is no Drand Eury foreman signature per ;9< I:CS <>...?@(%). This charge is not an information for it has no signature %y a State s 1ttorney per ;9< I:CS <>...?@(%). Similarly the charge fails as a complaint since the accused 206S -0T !aive the filing of a formal verified complaint. Where the accused>defendant does not !aive the filing of a
verified complaint %y plea of guilty or %y proceeding to trial a%sent an o%/ection, a verified complaint )(ST %e filed to give this court in personam /urisdiction: "7W8e hold that a defendant !ho does not !aive, %y plea of guilty or %y proceeding to trial !ithout o%/ection, the defective verification of a complaint, is entitled to %e prosecuted upon a complaint !hich states upon the oath of the complainant the facts constituting the offense charged.# *eople v. 'rausam, 99; -.6.9d <@@, C@ Ill. 1pp.9d @<F 1ccused in the instant matter has not and !ill not plead guilty and a%solutely does -0T !aive the filing of a verified complaint. F. Illinois la! is clear and precise on the matter of a verified complaint %eing filed in order for a defendant to enter a plea on the record: "7W8hen a citation is issued on a (niform Traffic Ticket or (niform Conservation Ticket (in a form prescri%ed %y the Conference of Chief Circuit Eudges and filed !ith the Supreme Court), the copy of such (niform Ticket !hich is filed !ith the circuit court constitutes a complaint for !hich the defendant may plead, unless he specifically re,uests that a verified complaint %e filed.# Illinois Code of Criminal *rocedure, ;9< = ...?@(%) <. The charge clearly is not a summons, for a summons 0-:G can %e issued %y a court. 1 "summons# is a !ritten order issued %y a court !hich commands a person to appear %efore a court at a stated time and place. Illinois Code of Criminal *rocedure, ;9< I:CS <>.B;?.(%) H. The citation clearly is not a -otice to 1ppear as on its face it does -0T re,uest nor re,uire 1ccused to appear %efore a court at a specific place or time: Sec. .B;?.9. -otice to appear. (a) Whenever a peace officer is authoriIed to arrest a person !ithout a !arrant he may instead issue to such person a notice to appear. (%) The notice shall: (.) 'e in !ritingJ (9) State the name of the person and his address, if kno!nJ (@) Set forth the nature of the offenseJ (F) 'e signed %y the officer issuing the noticeJ and (<) $e,uest the person to appear %efore a court at a certain time and place. Illinois Code of Criminal *rocedure, ;9< I:CS <>.B;?.9 ;. The charge(s) or alleged Aehicle Code offense(s) the 2efendant has %een charged !ith are governed %y the Code of Civil *rocedure, and under Illinois la!, all actions governed %y the Code of Civil *rocedure must %e commenced %y !ritten complaint:
"1n action governed %y the Code of Civil *rocedure is commenced %y filing a complaint.# ;@< I:CS <>9?9B.(a) -0T6: Complainant means "plaintiff# or victim alleging in/ury. C. Illinois la! clearly states that the !ritten complaint under oath must %e su%scri%ed %y the complainant: "1 complaint shall %e s!orn to and signed %y the complainant# Illinois Code of Criminal *rocedure ;9< = ...?@(%) -0T6: "Su%scri%e.# :iterally to !rite underneath, as one s name. To sign at the end of a document. See also 1ttestJ Su%scri%erJ Su%scription. 'lack s :a! 2ictionary (.K;K), <th edition, pg. .9;K K. 1 police officer or peace officer is a !itness for the State and cannot serve as the !itness for the State !hile simultaneously serving as the complainant. 1 !itness is not a Complainant. 1 !itness, such as the citing and arresting officer, cannot as a matter of la! instigate or initiate prosecution against a suspected person. 0nly the complainant can instigate or initiate prosecution: "Complainant.# 0ne !ho applies to the courts for legal redress %y filing complaint (i.e. plaintiff). 1lso, one !ho instigates prosecution or !ho prefers accusation against suspected person. 'lack s :a! 2ictionary, <th edition, pg. 9<C .B. Without the filing of a formal, verified complaint !hen the statutory re,uirement is -0T !aived as in the instant matter, the Court lacks su%/ect matter /urisdiction over this case. It is %lack letter la! that the filing of a complaint gives the court su%/ect matter /urisdiction to hear a matter %rought %efore it: In order to invoke the su%/ect matter /urisdiction of the circuit court, a plaintiffLs case, as framed %y the complaint or petition, must present a /usticia%le issue. Belleville Toyota, Inc., 199 Ill. 2d at 334. The test for the presence of a /usticia%le issue is found in the nature of the case as made %y the pleading and the relief sought. Sullivan, 342 Ill. App. 3d at 563. The complaint is the foundation of the /urisdiction of the magistrate.
22 Corpu !uri Secundum " 3#3, pa$e 456, 45% 1 trial court s su%/ect matter /urisdiction is triggered %y the filing of information alleging commission of a pu%lic offense !ithin the appropriate venue. 21 American !uri prudence, 2nd Serie " 4&# 'Criminal (a)* 1 formal accusation !hich charges some offense kno!n to la! is essential for every trial for crime, !ithout !hich the court ac,uires no /urisdiction to proceed, even !ith the consent of the accused. 22 Corpu !uri Secundum " 16% 'Criminal (a)* 1 formal accusation is essential for every trial for crime, !ithout it the court ac,uires no /urisdiction to proceed. 16 Corpu !uri Secundum " 23# 'Criminal (a)* "Eurisdiction, once challenged, cannot %e assumed and must %e decided.# +aine v. T,i-outot, 1## S.Ct. 25#
WHEREFORE, 'ased upon the foregoing !hich is %uttressed against sound legal precedent, in the interest of /ustice, this 4onora%le Court should dismiss the case in its entirety against the 1ccused !ith pre/udice for lack of /urisdiction due to lack of filing of a verified complaint as re,uired %y State la!, 0$, in the alternative, compel the *laintiff to conform to State la! and file a verified complaint and 'ill of *articulars !ithin fifteen (.<) days to !hich the 1ccused can avoid dou%le /eopardy, enter a plea and defend the charges against him.
MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM .ame o/ Accu ed, 1ccused
CERTIFICATE OF SER)ICE I here%y certify that on Wednesday, Eune K, 9B.B, a true and correct copy of the foregoing document or pleading entitled )0TI0- 30$ 26)1-2 03 3I:I-D 1 A6$I3I62 C0)*:1I-T Was personally delivered to: Clerk of the Circuit Court of the T!entieth Eudicial 2istrict, St. Clair County, Illinois N.B *u%lic S,uare 'elleville, Illinois H999B
MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM -ame of 1ccused, 1ccused