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To: erkelly

You’re incorrect and the confusion arises from commonly used inexact language. Often when a person reports a crime to law enforcement, it is said he has “filed a criminal complaint.” However that is not the same as filing a legal complaint that is going to result in a trial. Those are lawsuits. Federal criminal actions are styled as “United States of America vs. (name).” No one but a federal prosecutor has standing to bring the action. Likewise, state criminal actions are brought with the state as the plaintiff or, as here in California “The People of the State of California vs (name).” There are some very limited exception, such as here in CA the ASPCA is given limited standing to bring infraction actions. With those minor exceptions private criminal actions are barred. Leeks v. Timmermann (1981) 452 US 83.

Take a look at this purported “criminal complaint” It is a 78 page letter from Larry Klayman to the AG and others asking that criminal and disciplinary charges be brought. It has not caused a criminal case to come into being


23 posted on 12/03/2018 9:58:26 AM PST by j.havenfarm ( 1,500 posts as of 8/10/18. A FReeper since 2000; never shutting up!)
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To: j.havenfarm

From a 3rd party to this conversation .... Very interesting, I was unaware. Please correct my interpretation where needed.

So an individual may file a complaint, but only a prosecutor can file charges? In this context, the charges would be an “action” in criminal court?

How does that work with grand juries?
How does that work with civil lawsuits?


41 posted on 12/03/2018 10:28:28 AM PST by taxcontrol
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