i had a complant set ageist me ,for bradishing a weapon,and i look up the case online and it says,proble cause,and affidavit ageist defendent
2007-01-04 06:49:10 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
An AFFIDAVIT is a sworn statement witnessed and notorized by a notary public. An affidavit is equivalent to a DECLARATION except that the affidavit is notorized.
What you speak about is a JDPC, or Judicial Determination of Probable Cause. This is REQUIRED for any law enforcement officer to detain you for longer than 48 hours on a warrant-less arrest. If the JDPC is not approved, or not signed by a judge, the defendant MUST be released.
2007-01-04 15:50:53 · answer #1 · answered by syaw10 3 · 0⤊ 1⤋
Short answer: an affidavit is a written, sworn statement.
Longer answer: an affidavit is a statement in writing made by someone (the "affiant" or the "declarant") under the pains and penalties of perjury. Affidavits are usually witnessed and authenticated by a notary public. The idea is kind of like a statement under oath, and the risk of perjury charges and the notarization are supposed to make the affiant scared to lie about whatever s/he is saying in the affidavit.
Courts require sworn statements so they can feel better about the State initiating a criminal case or letting a privately filed legal action go forward. The requirement operates so as to save the court's time; if a complainant is not willing to swear to his/her complaint under oath, the court won't waste its time with the case.
2007-01-04 07:02:01 · answer #2 · answered by Captain Obvious! 3 · 0⤊ 1⤋
An affidavit is basically just a statement.It should have the name of the affiant.Their age where they reside and the reason for the affidivit.It should also be signed and dated in front of a notary public.
2016-05-23 03:13:30 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Yours sounds like a criminal complaint. It is brought to the judge by a police officer on a form called a "Probable Cause Affidavit". This is a statement that the police officer swears to, and is the truth about what happened or how he discovered the facts concerning your case.
2007-01-04 07:00:05 · answer #4 · answered by Gary D 7 · 1⤊ 0⤋
A statement of truth by which the person making the statement is doing so to the best of their abilities. This is a document to be used in a court if/when a person is not available/needed to appear to make the statement
2007-01-04 06:58:56 · answer #5 · answered by Rell Smooth 3 · 0⤊ 1⤋
Affidavit is a sworn statement.
2007-01-04 07:16:25 · answer #6 · answered by Starla_C 7 · 0⤊ 1⤋
A certified document presented to the court, or judge. When you petition to get a divorce, you are asking the court to grant you a divorce. The paper, or document, presented to the judge is an affidavit.
2007-01-04 06:53:48 · answer #7 · answered by ? 5 · 0⤊ 2⤋
an affidavit is a written statement sworn to under oath under the penalty of perjury.
2007-01-04 06:53:54 · answer #8 · answered by HoyaHorns 2 · 3⤊ 1⤋