The offense you are here to speak with the Assistant City Attorney about is a "Class ‘C’ Misdemeanor." It is punishable by fine only. The fine range may be as little as $1 to as much as $500. If the defendant is found guilty and ordered to pay a fine, it will be paid to the City. The City does not have the authority to seek restitution for damages.
The facts of your complaint will be reviewed during the interview by a prosecutor. Then it will be the responsibility of the prosecutor to determine whether or not there is sufficient "probable cause" to file a Criminal Case. Be aware that your complaint may be accepted or declined. If your complaint is accepted, you the complainant / victim, become a state’s witness. Although your participation is mandatory, you will have no authority over the course of the proceedings.
The Irving Municipal Court is the designated court for these types of cases. (The Municipal Court building is located in the Irving Criminal Justic Center, 305 N. O'Connor). If the defendant pleads not guilty, your court date will be no earlier than 3 months after the complaint is filed. The Municipal Court will inform you of that date approximately 1 month before the trial date. If you have not heard anything within 2 months of signing a complaint you might want to call the court to see what has happened in your case. It is important for you to come to court on the court date because if YOU are not there, the case will be dismissed. If the defendant pleads guilty, then you will NOT be notified. If the defendant does not come to court on the trial date, a warrant may be issued for his or her arrest. Another court date may be set and you would have to be present for it. Also, if the defendant requests a continuance and it is granted, you will have to come back on another date.
After you speak with the Assistant City Attorney, if charges are to be filed a complaint will be typed for you to sign. When you sign it, you will swear that it is true and correct. IT IS YOUR RESPONSIBILITY TO READ THE COMPLAINT BEFORE SIGNING IT TO MAKE SURE IT IS TRUE AND CORRECT. FALSELY SWEARING TO A COMPLAINT MAY RESULT IN PERJURY OR MALICIOUS PROSECUTION CHARGES.
I have read and understood the above.