What is the name of the affidavit made before a magistrate or attorney charging a person with an offense?

Study for the Texas Code of Criminal Procedure Test. Access flashcards and multiple-choice questions with hints and explanations. Prepare effectively for your exam!

A complaint refers to a formal statement made before a magistrate or an attorney that charges a person with a specific offense. In the context of the Texas Code of Criminal Procedure, a complaint initiates a criminal proceeding by articulating the essential facts of the alleged offense and establishing probable cause for arrest or further legal action.

The use of the term "complaint" is significant because it usually describes the earliest stage of legal proceedings, whereas an indictment or information represents later stages where charges are brought based on further investigation or grand jury review. Indictments particularly apply to felonies and are typically issued after a grand jury review, while an information is a formal accusation made by a prosecutor outlining the charges without the need for a grand jury. Accusation is a more general term that does not specifically describe the formal process outlined in the Code.

Thus, within the framework of criminal procedure in Texas, the term "complaint" is the most accurate designation for the affidavit made before a magistrate or attorney that charges an individual with a crime.

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