Instructions

When you receive a traffic ticket in Illinois, or for any State (generally speaking), it does not constitute a formal charge. The Illinois Compiled Statutes state:

(725 ILCS 5/Art. 111 heading)ARTICLE 111. CHARGING AN OFFENSE

    (725 ILCS 5/111-1) (from Ch. 38, par. 111-1)     Sec. 111-1. Methods of prosecution.     When authorized by law a prosecution may be commenced by:     (a) A complaint;     (b) An information;     (c) An indictment. 

Check your State’s statutes and you will find similar wording.

To understand a “charge” we must first know what the elements of the “charge” are:

(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)     Sec. 111-3. Form of charge.     (a) A charge shall be in writing and allege the commission of an offense by: (1) Stating the name of the offense; (2) Citing the statutory provision alleged to have been violated;

(3) Setting forth the nature and elements of the offense charged;

(4) Stating the date and county of the offense as definitely as can be done; and

(5) Stating the name of the accused, if known, and if not known, designate the accused by any name or description by which he can be identified with reasonable certainty.

(b) An indictment shall be signed by the foreman of the Grand Jury and an information shall be signed by the State's Attorney and sworn to by him or another . A complaint shall be sworn to and signed by the complainant; Provided, however, that when a citation is issued on a Uniform Traffic Ticket or Uniform Conservation Ticket (in a form prescribed by the Conference of Chief Circuit Judges and filed with the Supreme Court), the copy of such Uniform Ticket which is filed with the circuit court constitutes a complaint to which the defendant may plead, unless he specifically requests that a verified complaint be filed.     

Reading (b), it explains in detail how to charge by indictment, information, and complaint. But notice the word “citation” when used in reference to a Uniform Traffic Ticket or Uniform Conversation Ticket. Where in “Methods of Prosecution” above does the word “citation” appear? It does not. Reading further, (b) states that such citation “constitutes a complaint to which the defendant may plead unless he specifically requests that a verified complaint be filed.” Notice “may plead”. If you accept what is

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essentially a defective charging document then you have given the court jurisdiction it otherwise would not have because you were actually not charged, but chose to plead anyway.

The following motion is for invoking your demand for a verified complaint, which is seldom if ever issued, because as stated in (b) it requires a complaint to be sworn to and signed by the complainant. Since the policeman is not the complainant, because he is merely a witness to an alleged offense and suffered no harm, he cannot sign the complaint as the complainant. Only the representative of the People of the State of Illinois can sign as the complainant and doing so under oath they are stating they have first hand knowledge of the facts constituting the offense, which they do not. They also know cops lie and to swear to such a complaint where they have no knowledge of the facts and their witness is a liar would subject them to malicious prosecution and false arrest, as well as perjury.

This motion also requests a “Bill of Particulars”. As stated by statute:

(725 ILCS 5/111-6) (from Ch. 38, par. 111-6)     Sec. 111-6. Bill of particulars.     When an indictment, information or complaint charges an offense in accordance with the provisions of Section 111-3 of this Code but fails to specify the particulars of the offense sufficiently to enable the defendant to prepare his defense the court may, on written motion of the defendant, require the State's Attorney to furnish the defendant with a Bill of Particulars containing such particulars as may be necessary for the preparation of the defense. At the trial of the cause the State's evidence shall be confined to the particulars of the bill. (Source: Laws 1963, p. 2836.)

This is where the court asks, “Do you understand the charges?” If you say “yes”, then you claim to understand every aspect of the offense which you must have performed, or fail to have performed, in order to support the charge. For instance, if you are stopped while driving in a parking lot by the police and they discover you do not have a drivers license and issue a citation for such you may appear in court and, when asked if you understand the charges, say yes. However, the “law” says that anyone who “Operates a motor vehicle upon a highway in this State without possessing a valid drivers license…” is guilty of the offense of “Operating a motor vehicle without a license”. However, nowhere on the citation is it stated that you were operating a motor vehicle upon a highway in this State. The demand for a Bill of Particulars forces the State to list with specificity every aspect of the charge that supports the offense. When provided with a Bill of Particulars, the State is limited to proving only those issues in support of the charge and must prove every one of them.

I hope this Motion proves helpful. Email me at mark[at]markmccoy[dot]com with any questions or comments.

IN THE CIRCUIT COURT OFTHE TWENTIETH JUDICIAL CIRCUIT

ST. CLAIR COUNTY, ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS, )Plaintiff, )

) v. ) Illinois Citation and Complaint No. 0000000

)Name of Accused )

Accused. )

MOTION FOR DEMAND OF FILING A VERIFIED COMPLAINT

Now comes the Accused, Name of Accused, appearing Specially and not Generally, and for his Motion for Demand of Filing a Verified Complaint, pursuant to 725 ILCS 5/111-3(b), states as follows:

1. The demand to file a verified complaint is based upon the fact that (1) a complaint

MUST be filed that shall conform to ILCS 725 § 5/111-3(a) which shall be deemed to

be an original complaint and (2) the Accused DOES NOT and WILL NOT voluntarily

waive the filing of a verified complaint.

2. Accused does NOT plead to the defective “Illinois Citation and Complaint”, hereinafter

“Citation”, as it does not meet the statutory requirements of 1) a Verified Complaint, 2)

a Notice to Appear nor 3) a Summons. Illinois Law is clear that a charge comes in three

forms:

“Charge” means a written statement presented to a court accusing a person of thecommission of an offense and includes complaint, information and indictment.725 ILCS 5/102-8 and 730 ILCS 5/5-1-3

3. The form of charge is not an indictment, as the charge has not gone before a Grand Jury

and there is no Grand Jury foreman signature per 725 ILCS 5/111-3(b). This charge is not

an information for it has no signature by a State’s Attorney per 725 ILCS 5/111-3(b).

Similarly the charge fails as a complaint since the accused DOES NOT waive the filing of

a formal verified complaint. Where the accused/defendant does not waive the filing of a 3

verified complaint by plea of guilty or by proceeding to trial absent an objection, a

verified complaint MUST be filed to give this court in personam jurisdiction:

“[W]e hold that a defendant who does not waive, by plea of guilty or by proceeding totrial without objection, the defective verification of a complaint, is entitled to beprosecuted upon a complaint which states upon the oath of the complainant the factsconstituting the offense charged.”People v. Brausam, 227 N.E.2d 533, 83 Ill. App.2d 354

Accused in the instant matter has not and will not plead guilty and absolutely does

NOT waive the filing of a verified complaint.

4. Illinois law is clear and precise on the matter of a verified complaint being filed in

order for a defendant to enter a plea on the record:

“[W]hen a citation is issued on a Uniform Traffic Ticket or Uniform Conservation Ticket(in a form prescribed by the Conference of Chief Circuit Judges and filed with theSupreme Court), the copy of such Uniform Ticket which is filed with the circuit courtconstitutes a complaint for which the defendant may plead, unless he specifically requests that a verified complaint be filed.”Illinois Code of Criminal Procedure, 725 § 111-3(b)

5. The charge clearly is not a summons, for a summons ONLY can be issued by a court.

A “summons” is a written order issued by a court which commands a person to appear before a court at a stated time and place. Illinois Code of Criminal Procedure, 725 ILCS 5/107-1(b)

6. The citation clearly is not a Notice to Appear as on its face it does NOT request nor require

Accused to appear before a court at a specific place or time:

Sec. 107-12. Notice to appear.(a) Whenever a peace officer is authorized to arrest a person without a warrant he mayinstead issue to such person a notice to appear.(b) The notice shall:(1) Be in writing;(2) State the name of the person and his address, if known;(3) Set forth the nature of the offense;(4) Be signed by the officer issuing the notice; and(5) Request the person to appear before a court at a certain time and place.Illinois Code of Criminal Procedure, 725 ILCS 5/107-12

7. The charge(s) or alleged Vehicle Code offense(s) the Defendant has been charged with are

governed by the Code of Civil Procedure, and under Illinois law, all actions governed by the

Code of Civil Procedure must be commenced by written complaint:

“An action governed by the Code of Civil Procedure is commenced by filing a complaint.”735 ILCS 5/2-201(a)

NOTE: Complainant means “plaintiff” or victim alleging injury.

8. Illinois law clearly states that the written complaint under oath must be subscribed by the

complainant:

“A complaint shall be sworn to and signed by the complainant”Illinois Code of Criminal Procedure 725 § 111-3(b)

NOTE: “Subscribe.” Literally to write underneath, as one’s name. To sign at the end of a document. See also Attest; Subscriber; Subscription. Black’s Law Dictionary (1979), 5th edition, pg. 1279

9. A police officer or peace officer is a witness for the State and cannot serve as the witness for the

State while simultaneously serving as the complainant. A witness is not a Complainant. A

witness, such as the citing and arresting officer, cannot as a matter of law instigate or initiate

prosecution against a suspected person. Only the complainant can instigate or initiate

prosecution:

“Complainant.” One who applies to the courts for legal redress by filing complaint(i.e. plaintiff). Also, one who instigates prosecution or who prefers accusation againstsuspected person.Black’s Law Dictionary, 5th edition, pg. 258

10. Without the filing of a formal, verified complaint when the statutory requirement is NOT

waived as in the instant matter, the Court lacks subject matter jurisdiction over this case. It is

black letter law that the filing of a complaint gives the court subject matter jurisdiction to hear a

matter brought before it:

In order to invoke the subject matter jurisdiction of the circuit court, a plaintiff's case, as framed by the complaint or petition, must present a justiciable issue.Belleville Toyota, Inc., 199 Ill. 2d at 334.

The test for the presence of a justiciable issue is found in the nature of the case as made by the pleading and the relief sought.Sullivan, 342 Ill. App. 3d at 563.

The complaint is the foundation of the jurisdiction of the magistrate.22 Corpus Juris Secundum § 303, pages 456, 457

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A trial court’s subject matter jurisdiction is triggered by the filing of information alleging commission of a public offense within the appropriate venue.21 American Jurisprudence, 2nd Series § 480 (Criminal Law)

A formal accusation which charges some offense known to law is essential for every trial for crime, without which the court acquires no jurisdiction to proceed, even with the consent of the accused.22 Corpus Juris Secundum § 167 (Criminal Law)

A formal accusation is essential for every trial for crime, without it the court acquires no jurisdiction to proceed.16 Corpus Juris Secundum § 230 (Criminal Law)

“Jurisdiction, once challenged, cannot be assumed and must be decided.”Maine v. Thiboutot, 100 S.Ct. 250

WHEREFORE, Based upon the foregoing which is buttressed against sound legal

precedent, in the interest of justice, this Honorable Court should dismiss the case in its entirety

against the Accused with prejudice for lack of jurisdiction due to lack of filing of a verified complaint

as required by State law, OR, in the alternative, compel the Plaintiff to conform to State law and file a

verified complaint and Bill of Particulars within fifteen (15) days to which the Accused can avoid

double jeopardy, enter a plea and defend the charges against him.

______________________________________Name of Accused, Accused

CERTIFICATE OF SERVICE

I hereby certify that on Wednesday, June 9, 2010, a true and correct copy of the

foregoing document or pleading entitled MOTION FOR DEMAND OF FILING A

VERIFIED COMPLAINT

Was personally delivered to:

Clerk of the Circuit Court of the Twentieth Judicial District, St. Clair County, Illinois

#10 Public Square

Belleville, Illinois 62220

______________________________________Name of Accused, Accused

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