How is a Criminal Prosecution Initiated?
A criminal case is prosecuted in the name of the State of Texas against the defendant by a prosecutor acting under state authority. Class C misdemeanors prosecutions begin with the filing of a complaint, a written affidavit made by a credible person charging the defendant with an offense. These are under the jurisdiction of the municipal or justice of the peace courts. Class A and B misdemeanors are in the County Courts at Law. An information, or written statement presented by the State, charges the defendant with committing a crime. A complaint must be filed with the information. Felonies are prosecuted in district courts and an indictment is required (unless waived by the defendant). The indictment is the written statement of a grand jury presented to the court accusing the defendant of the crime.
