Complaints (Pressing Charges)

The process of writing a sworn statement (an affidavit) and speaking with the magistrate may be referred to as “pressing charges” or “swearing out a warrant” or “writing an affidavit.” In Alabama law, it is referred to as a Complaint and is as described in § 15-7 and in Rule 2.3 of Alabama Rules of Criminal Procedure. The most common animal-related Complaints in Alabama regard cruelty and dogs-at-large.

Who Can Press Charges

The Complaints protocol is available to all civilians — including most civilian ACOs. For example, Cullman County ACOs utilize Complaints as an efficient way to have citations issued on violations of the dog confinement requirement.

Documentation Needed to Press Charges

Follow the steps at How to Report Cruelty or How to Report a Dog at Large and gather your documentation:

• The Incident Report (also called Offense Report) is prepared by the animal control officer or law enforcement officer. Ask the officer when and where to pick it up, and ensure that it is complete.
• We recommend preparing a Statement in advance, or you can write your statement so at the Magistrate’s office.
• Also be sure to bring your photos or video and/or other Evidence.

Where to Go

Whether you go to the municipal court or to the county courthouse depends on where the incident occurred and the nature of the violation:

• If in an unincorporated area of the county, go to the county courthouse.
• If within a municipality or its police jurisdiction, call the municipal court to ask for instructions. Depending on whether the municipality has a magistrate and whether the possible violation is of an ordinance (per § 12-14-32) or a statute, you may instead be directed to the county courthouse.

Bring your documentation to the magistrate’s office during magistrate hours. You will provide your written statement and speak with a magistrate under oath.

What to Expect

If the magistrate determines that there is probable cause, a search warrant or arrest warrant is issued. This means, most often, that the person is summoned to court.

You may find details specific to your location by searching the name of the county or municipality followed by “magistrate.” See these examples from Blount County, Cullman County, Madison County, Hartselle, and Mobile, or call your city or county to ask.

FAQs on Pressing Charges

Is there a cost involved? No, there is no cost for reporting a crime or for pressing charges.

What am I committing to? You must be willing to follow through. In most cities, the case becomes the property of the city once you sign a complaint, and you cannot drop the charge. If you fail to appear in court, a bench warrant may be issued for your own arrest.

Can I press charges anonymously? Express your concerns to the magistrate’s office or the court clerk to see if any measures can be taken. However, the accused person has a constitutional right to face their accuser. For that reason, we are not aware of any way to press charges anonymously.

What if the offense is a felony? The Complaint protocol can be used for both misdemeanors and felonies. “It serves the dual purpose of being the accusatory instrument in most misdemeanor cases and commencing preliminary proceedings in felony cases,” per committee comments on Rule 2.3 regarding Complaints. (Rule 4.4 also confirms that felonies may be charged via Complaint.) In cruelty cases, especially felonies, it is important to involve law enforcement as early as possible, particularly for proper documentation and chain of custody of evidence. However, the Complaint protocol remains available and is particularly important in situations where law enforcement officers refuse to investigate despite compelling evidence that a crime has been committed.

When can ACOs utilize the Complaints protocol? Our understanding, as informed by Cullman County Attorney Brad Wilson, is that non-APOSTC-certified ACOs (who thus cannot make arrests), share in the power granted by Alabama to every citizen to press charges at the magistrate’s office. However, we are aware of exception: Shelby County does not allow their two ACOs to press charges, per ACO Samantha Kusiak. Samatha wrote that while she and the other county ACO may be called to witness, they are not to press charges. “If we did press charges we would spend most of our time in court hearings and not in the field,” Samantha explained, “which is not feasible since there are only two of us that cover the county with the exception of certain city limits.”