3.5The Complaint and Warrant or Summons

A defendant has a constitutional right to be informed of the nature of the charges pending against him or her. Const 1963, art 1, § 20; People v Higuera, 244 Mich App 429, 442-443 (2001). “A complaint is a written accusation that a named or described person has committed a specified criminal offense,” and it “must include the substance of the accusation against the accused and the name and statutory citation of the offense.” MCR 6.101(A); see also MCL 764.1d. A criminal complaint must “adequately inform of the substance of the accusations,” and its “factual allegations [must] provide the basis from which commission of the legal elements of the charge can be inferred.” Higuera, 244 Mich App at 447. At the time of filing, specified case information must be provided in the form and manner established by SCAO and other applicable rules. MCR 1.109(D)(2); MCR 6.101(A). “At a minimum, specified case information shall include the name, an address for service, an e-mail address, and a telephone number of every party[.]” MCR 1.109(D)(2). A complaint may also contain “factual allegations establishing reasonable cause.” MCL 764.1d. “A summons must contain the same information as an arrest warrant, except that it should summon the accused to appear before a designated court at a stated time and place.” MCR 6.102(C)(1).

A complaint serves a dual purpose: “[i]t both initiates the judicial phase of the prosecution and provides a basis for the issuance of an arrest warrant.” People v Burrill, 391 Mich 124, 128 (1974). “‘The primary function of a complaint is to move the magistrate to determine whether a warrant shall issue.’” Higuera, 244 Mich App at 443, quoting Wayne Co Prosecutor v Recorder’s Court Judge, 119 Mich App 159, 162 (1982).

“The complaint must be signed and verified under MCR 1.109(D)(3). Any requirement of law that a complaint filed with the court must be sworn is met by this verification.” MCR 6.101(B). “A complaint may not be filed without a prosecutor’s written approval endorsed on the complaint or attached to it, or unless security for costs is filed with the court.” MCR 6.101(C).

“A court must issue an arrest warrant or a summons^[1]. . . if presented with a proper complaint and if the court finds probable cause to believe that the accused committed the alleged offense.” MCR 6.102(A).The probable cause determination “may be based on hearsay evidence and rely on factual allegations in the complaint, affidavits from the complainant or others, the testimony of a sworn witness adequately preserved to permit review, or any combination of these sources.” MCR 6.102(B).

The complaint is filed with the court and a file is established. The process of establishing a file varies among courts. At a minimum, the file must be assigned a case number and contain the complaint and warrant. For a summary of the arrest warrant process, see the Michigan Judicial Institute’s checklist describing the process for issuing an arrest warrant and the checklist describing the process for electronically issuing an arrest warrant. The procedures for arraignment on the warrant or complaint are governed by MCR 6.104.² A person in custody “must be taken without unnecessary delay before a court . . . or must be arraigned without unnecessary delay by use of two-way interactive video technology[.]” MCR 6.104(A). A defendant is also entitled to the assistance of counsel at the arraignment unless he or she waives counsel or the court issues a personal bond and will not accept a plea of guilty or no contest at the arraignment. Id. At a defendant’s arraignment, the court must address issues of pretrial release, possible appointment of counsel, and scheduling the defendant’s preliminary examination. MCR 6.104.

Informations. “Criminal prosecutions may be initiated in the court having jurisdiction over the charge upon the filing of an information.” People v Glass, 464 Mich 266, 277 (2001); MCL 767.1 et seq. The basis of an information is a signed warrant and complaint. Glass, 464 Mich at 277. The complaint must state the substance of the alleged crime and reasonable cause to believe that the person named in the complaint is the person who committed the crime. Id., citing MCL 764.1d. Before an information is filed, the person accused has a right to a preliminary examination to determine whether a crime has been committed and whether there is probable cause to believe that the person accused committed it. MCL 767.42; Glass, 464 Mich at 277-278. If the case is bound over to circuit court after arraignment in district court, an information must be filed on or before the date set for arraignment in circuit court. See MCL 767.1 and MCL 767.40. See also MCR 6.112(B) and MCR 6.112(C).

“Absent a timely objection and a showing of prejudice, a court may not dismiss an information or reverse a conviction because of an untimely filing or because of an incorrectly cited statute or a variance between the information and proof regarding time, place, the manner in which the offense was committed, or other factual detail relating to the alleged offense.” MCR 6.112(G). “MCR 6.112(G) places the burden on [the] defendant to demonstrate prejudice and . . . establish that the error was not harmless.” People v Waclawski, 286 Mich App 634, 707 (2009). In Waclawski, 286 Mich App at 705, an original felony information was not filed by the prosecutor. However, the defendant was unable to establish prejudice where the record revealed that the defendant was aware of the charges against him and participated in his own defense. Id. at 707.