Charging Document Filed

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What is a charging document?

A “charging document” in a criminal case is the first written notice of criminal charges. A criminal “Complaint” and a Grand Jury “Indictment” are the two main types of charging documents in Minnesota. A prosecuting attorney writes them, and files them with the court. But if the charging document violates the law, a defense attorney may be able to get a judge to dismiss the criminal charges.

A police officer can also write a “citation” charging a misdemeanor or petty misdemeanor in Minnesota. We also often call many of these a traffic ticket or uniform traffic citation, or a “tab charge.”

When a police officer writes citations tab charging a petty misdemeanor or misdemeanor; they are subject to later review by a prosecuting attorney.

The prosecutor or police officer writing the charging document must:

• send a copy to accused person, and
• file it with the court.

The type of charging document (e.g., Indictment, Complaint, Citation) used depends upon the severity level of the criminal charge. The filing of the charging document with the court, is a significant step in the court process.

Criminal Charges

The criminal justice system separates the investigation, from the charging decision. A police investigation should be independent and complete, before prosecutors begin to make a charging decision.

After police complete their investigation, they clear their case, wrap it up. And only then they may deliver the documentation of their investigation to prosecutors. But police exercise discretion and judgment.

After that, an experienced prosecutor receives and reviews case investigation files from police, to consider criminal charges. Prosecutors exercise their discretion and judgment in making a charging decision.

“Charge” means claim: The word “charge” means an unproven claim. And many such claims fail to be proven true.

Prosecutors charge a crime when they believe, with their second-hand information, rumors; that they have “probable cause” to suspect that a person committed a crime. A criminal charge is just an unproven claim, nothing more.

Prosecutor Discretion

Traditionally, prosecutors sought to charge the most serious, provable offense. But in doing so, they use prosecutorial discretion to prioritize, based both on limited resources and their perception of the interests of justice. Not every case where some evidence of a crime exists can or will be prosecuted. And of course many people who face criminal charges turn out to have been falsely accused; to have been innocent-in-fact.

“Prosecutors have a general duty of fairness. The prosecutor may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones.”

Berger v. United States, 295 US 78, 88 (U.S. Supreme Court 1935)

Complaint, or Indictment: criminal charges

When a prosecutor decides to prosecute a person based on someone else’s claim, they prepare a charging document. And then they file it with the court. The two main types of charging documents in Minnesota are a criminal Complaint and a Grand Jury Indictment. Both contain criminal charges.

And both will include a citation of the criminal statute the prosecutor is claiming violated, along with a listing of claimed facts which if proven would support the crime charged. These claims must address each and every element of the crimes alleged. Different criminal statutes contain differing “elements.” But they all contain at minimum the elements of:

1. Act they claim was a violation of criminal law;
2. Criminal intent evidence;
3. Identity evidence, asserting identity the person d who did the act;
4. Jurisdiction.

Indictment

An Indictment documents the decision of a Grand Jury. A prosecutor convenes a Grand Jury to consider available information on whether to file criminal charges against a person.

But only one-side presents information to the Grand Jury, the prosecutor. There is no defense lawyer, no judge, even in the room. The prosecuting attorney is the only voice present, other than prosecution witnesses and members of the Grand Jury.

An Indictment filed with the court is a charging document. Prosecutors use Indictments in both Minnesota state and federal Courts. But in federal court prosecutors usually use Indictments.

Complaint

On the other hand, most cases in Minnesota District Court begin with a charging document called a Complaint. (In United States District Court, alternatives to criminal charges in an Indictment, include an Information or a Complaint.)

A criminal Complaint must include “probable cause” claims and allegations of fact, citing a criminal statute, signed under oath; filed by a prosecuting attorney claiming a person committed a crime.

The filing of a Complaint with the District Court is an important marker of where an accused person stands. Before, the person may be a witness, a suspect or a target. But after, the person is a “defendant” with a pending criminal case.

A prosecutor or a court may mail the defendant the Complaint with a Summons listing a court appearance date for arraignment; or, may cause the court to issue an Arrest Warrant.

Defense Motions to Dismiss

A criminal defense lawyer, like Attorney Thomas Gallagher, can ask a judge to dismiss criminal charges in the Complaint. We ask with a “Motion to Dismiss,” sometimes with a “Motion to Suppress Illegal Evidence.”

When a criminal charging instrument is dismissed, usually the dismissal is “without prejudice,” meaning the prosecutor may be able to subsequently file the same or similar criminal charges in a subsequent charging document. As you might imagine, prosecutors refiling charges previously dismissed could be abusive, in some circumstances.

So as a result, sometimes judges will dismiss criminal charges or charging documents “with prejudice,” meaning the prosecutor may not refile later, but is barred from doing so. For one example of this, see, United States v. Collyard, 25-854 (DWF/DTS) (US District Court, D. Minn. Feb 17, 2026) (Dismissal with prejudice, of complaint for failure to indict within 30 days of arrest, as required by Speedy Trial Act, 18 USC § 3161(b)).

Lack of probable cause

One type of pre-trial motion to dismiss is based on a lack of “probable cause” for the charge. The legal concept of probable cause can be difficult. One reason for that is the probable cause means different things depending upon what the term references. For example, we could look at different types of “probable cause:”

1. probable cause to search
2. arrest probable cause
3. prosecutor’s probable cause to file a Complaint (charging PC)
4. probable cause sufficient to bind a case over for trial (Florence)

If a judge dismisses charges for lack of probable cause, this can protect the defendant. This is because a judge’s finding that charges are supported by “probable cause,” triggers certain legal consequences. These may include things like certain expungement remedies, predatory offender registration, adult certification, etc.

Contested Omnibus Hearing

The judge hears these pretrial defense motions at the Contested Omnibus Hearing. When the judge agrees, the court dismisses some of the criminal charges, or the entire Complaint.

Attorney Thomas Gallagher has successfully moved to dismiss where the prosecutor made a mistake; or failed to allege facts that, if true, would equate to guilt of the crime charged. He’s also been successful persuading a judge to suppress evidence. And then evidence was lacking to support “probable cause” for the charge.

Citation: criminal charges

In most driving offense claims, a police officer issues the driver a “uniform traffic citation,” or traffic ticket. And it requires a response: either payment of a “payable” violation or a court appearance. Minnesota citations instruct the recipient to contact the court to arrange a court date, if they want one. Though most citations written by police officers are traffic tickets, not all are.

Tab Charge

What is a tab charge? A “tab charge” is a less formal charging document claiming a crime or violation without written facts. Prosecutors can file tab charges, too. A tab charge lists the Statute Section that the government claims was violated, without claims about facts. An example of a tab charge could be, “Disorderly Conduct, Minnesota Statutes § 609.72, Subd. 1 (3),” with no allegations of fact.

A tab charge is not a “Complaint.” A Complaint lists criminal statutes the government lawyer claims the defendant violated, along with a Statement of Probable Cause, that police and prosecutor claim they can prove, which they also claim would make the person guilty of the criminal statute charged, if proved. Court rules require a written Complaint in felony and most gross misdemeanor cases. But they do not require a Complaint in misdemeanor case, unless the defendant demands one.

FAQ: “Does it matter that it’s a first offense?”

A “first offense” does not make an otherwise criminal act less criminal. But, prior convictions, or even evidence of “prior bad acts” not resulting in conviction, generally will make matters worse, one way or another. And they often will do so in ways that will be apparent in the charging document. Here are a few of those ways.

Charge enhancement: If the person facing charges has certain prior “same or similar” offense convictions, this will trigger enhanced penalties under some Minnesota criminal statutes. For example, a default Misdemeanor level offense can be “enhanced” to a Gross Misdemeanor level offense, simply due to the additional fact of a prior, similar conviction. See how I have won cases by attacking charge enhancement: Felony Domestic Assault Dismissal, Based on Priors.

Mandatory minimum sentence: Similarly, if the person facing charges has listed “same or similar” and other prior offense convictions, certain Minnesota criminal statutes carry various levels of “mandatory minimum” jail or prison time. For example, a felony crime with a zero to five year maximum penalty can call for a three year minimum prison term, simply due to a specified prior conviction (or other specific facts).

Prior bad acts evidence: The prosecutor may be able to use “prior bad acts evidence” during the trial, even if no conviction ever resulted from the “prior bad act,” under select Minnesota statutes, Court rules of evidence, and constitutional caselaw.

FAQ: “Do I need a lawyer now with criminal charges?”

Yes. After charges, you now need a Minnesota criminal defense lawyer.

And, after an arrest on an arrest warrant, or if in jail on a probable cause hold; the court will soon hold a Bail Hearing.

So learn about How to Get Out of Jail After Arrest – Tips for Getting Her Out.

And after that comes the Arraignment or First Appearance.

Question? Call Lawyer Thomas Gallagher, 612 333-1500

To discuss retainer or to ask a question, call Attorney Thomas Gallagher at 612 333-1500.

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