The state attorney shall provide the personnel or procedure for criminal intake in the judicial system. All sworn complaints charging the commission of a criminal offense shall be filed in the office of the clerk of the circuit court and delivered to the state attorney for further proceedings.
RULE 3.115. DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE
- The State Attorney's Office is responsible for the "criminal intake" procedure in each judicial circuit.
- Any sworn complaint alleging a crime must first be filed with the Clerk of the Circuit Court.
- The Clerk then delivers the filed complaint to the State Attorney for further action.
- This rule outlines the formal path for starting a case. The State Attorney reviews the complaint and exercises discretion on whether to file formal charges.
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