Rule 2.1. Complaint--Citation and Notice

CrRLJ 2.1

COMPLAINT--CITATION AND NOTICE

(a) Complaint.

(1) Initiation. Except as otherwise provided in this rule, all criminal proceedings shall be

initiated by a complaint.

(2) Nature. The complaint shall be a plain, concise and definite written statement of the

essential facts constituting the offense charged. It shall be signed by the prosecuting authority.

Allegations made in one count may be incorporated by reference in another count. It may be

alleged that the means by which the defendant committed the offense are unknown or that he or

she committed it by one or more specified means. The complaint shall state for each count the

official or customary citation of the statute, rule, regulation or other provision of law which the

defendant is alleged therein to have violated. Error in the citation or its omission shall not be

ground for dismissal of the complaint or for reversal of a conviction if the error or omission did

not mislead the defendant to his or her prejudice.

(3) Contents. The complaint shall contain or have attached to it the following information

when filed with the court:

(i) the name, address, date of birth, and sex of the defendant;

(ii) all known personal identification numbers for the defendant, including the Washington

driver's operating license (DOL) number, the state criminal identification (SID) number, the

fingerprint transaction control number (TCN), the JUVIS control number, and the Washington

Department of Corrections (DOC) number.

the court:

(i) the name, address, date of birth, and sex of the defendant;

(ii) all known personal identification numbers for the defendant, including the Washington

driver's operating license (DOL) number, the state criminal identification (SID) number, the

fingerprint transaction control number (TCN), the JUVIS control number, and the Washington

Department of Corrections (DOC) number.

(b) Citation and Notice to Appear.

(1) Issuance. Whenever a person is arrested or could have been arrested pursuant to statute

for a violation of law which is punishable as a misdemeanor or gross misdemeanor the arresting

officer, or any other authorized peace officer, may serve upon the person a citation and notice to

appear in court. Criminal citations shall be on a form entitled “Criminal Citation” prescribed by

the Administrative Office of the Courts. Citation forms prescribed by the Administrative Office

of the Courts are presumed valid.

(2) Release Factors. In determining whether to release the person or to hold him or her in

custody, the peace officer shall consider the following factors:

(i) whether the person has identified himself or herself satisfactorily;

(ii) whether detention appears reasonably necessary to prevent imminent bodily harm to

himself, herself, or another, or injury to property, or breach of the peace;

(iii) whether the person has ties to the community reasonably sufficient to assure his or her

appearance or whether there is substantial likelihood that he or she will refuse to respond to the

citation and notice; and

(iv) whether the person previously has failed to appear in response to a citation and notice

issued pursuant to this rule or to other lawful process.

(3) Contents. The citation and notice to appear shall include or have attached to it:

ufficient to assure his or her

appearance or whether there is substantial likelihood that he or she will refuse to respond to the

citation and notice; and

(iv) whether the person previously has failed to appear in response to a citation and notice

issued pursuant to this rule or to other lawful process.

(3) Contents. The citation and notice to appear shall include or have attached to it:

(i) the name of the court and a space for the court's docket, case or file number;

(ii) the name, address, date of birth, and sex of the defendant; and all known personal

identification numbers for the defendant, including the Washington driver's operating license

(DOL) number, the state criminal identification (SID) number, the state criminal process control

number (PCN), the JUVIS control number, and the Washington Department of Corrections

(DOC) number;

(iii) the date, time, place, numerical code section, description of the offense charged, the

date on which the citation was issued, and the name of the citing officer;

(iv) the time and place the person is to appear in court, which may not exceed 20 days after

the date of the citation and notice, but which need not be a time certain.

(4) Certificate. The citation and notice shall contain a form of certificate by the citing

official that he or she certifies, under penalties of perjury, as provided by GR 13, that he or she

has probable cause to believe the person committed the offense charged contrary to law. The

certificate need not be made before a magistrate or any other person.

(5) Initiation. When signed by the citing officer and filed with a court of competent

jurisdiction, the citation and notice shall be deemed a lawful complaint for the purpose of

initiating prosecution of the offense charged therein.

as probable cause to believe the person committed the offense charged contrary to law. The

certificate need not be made before a magistrate or any other person.

(5) Initiation. When signed by the citing officer and filed with a court of competent

jurisdiction, the citation and notice shall be deemed a lawful complaint for the purpose of

initiating prosecution of the offense charged therein.

(c) Filing.

(1) Original. The original of the complaint or citation and notice shall be filed with the

clerk of the court.

(2) Time. The citation and notice shall be filed with the clerk of the court within two days

after issuance, not including Saturdays, Sundays or holidays. A citation and notice not filed

within the time limits of this rule may be dismissed without prejudice.