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.

How to Press Charges

Follow the steps at How to Report Cruelty or How to Report a Dog at Large. Once you have picked up the Incident Report and ensured that it is complete, the next step is to press charges.

Gather the Incident Report, your written statement, and other evidence, and go to the magistrate’s office during the specified hours. There you will provide your written statement and speak with a magistrate under oath. If there is sufficient cause to charge the accused person, the case will move forward: The accused person will be summoned for a lesser offense (such as Dogs at Large) or a warrant will be issued for a more severe offense, such a felony cruelty.

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

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? It may not be possible to press charges anonymously. Express your concerns to the magistrate’s office or the court clerk to see if any measures can be taken.

What if the offense is a felony? Alabama Law does allow for felonies to be charged by complaint, as stated in Rule 2.3 and Rule 4.4 of Alabama Rules of Criminal Procedure. Procedures across counties and municipalities appear to differ as to whether an investigator from the law enforcement agency must be involved before or after you press charges. Ask the magistrate’s office how they handle complaints for felony offenses.