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Justice of the Peace

Criminal Complaints & Warrants

The criminal process in a Justice of the Peace Court begins with the filing of a criminal complaint. Upon receiving a complaint, the JP must determine whether probable cause exists and, if so, whether to issue a summons (ordering the defendant to appear) or an arrest warrant (commanding law enforcement to take the defendant into custody).

CCrP 209

The Criminal Complaint Process

Section titled “The Criminal Complaint Process”

1. Filing the Complaint

Section titled “1. Filing the Complaint”

A peace officer or private citizen files a sworn complaint or affidavit alleging that a criminal offense has been committed. This document must:

CCrP 385
  • Be made under oath or affirmation
  • Specify the nature, date, and place of the offense
  • Identify the offender (if known) and any victim
  • Set forth specific facts establishing probable cause

2. Determination of Probable Cause

Section titled “2. Determination of Probable Cause”

The JP reviews the complaint and examines the complainant (and witnesses, if any) under oath. The JP must determine if there is probable cause to believe:

  1. An offense has been committed, AND
  2. The person named in the complaint committed it.

If probable cause is lacking, the complaint must be dismissed.

3. Issuance of Process: Summons vs. Warrant

Section titled “3. Issuance of Process: Summons vs. Warrant”

If probable cause exists, the JP must decide which type of process to issue. This decision is based on the nature of the offense, the risk of flight, and statutory requirements.

Option A: Criminal Summons

Section titled “Option A: Criminal Summons”

A summons is an order commanding the defendant to appear in court at a specific time. It is less restrictive than an arrest and preserves public resources.

Issuance Criteria:

  • Misdemeanors where the defendant is likely to appear.
  • Mandatory: For school employees charged with misdemeanors committed during official duties.
CCrP 202

Certification:

  • A Justice of the Peace does NOT need the special Attorney General arrest warrant certification to issue a summons.

Option B: Arrest Warrant

Section titled “Option B: Arrest Warrant”

An arrest warrant is a court order commanding law enforcement to take the defendant into custody.

Issuance Criteria:

  • Felonies.
  • Misdemeanors where the defendant is unlikely to appear.
  • Situations involving danger to the community or specific individuals.
  • Domestic abuse or violent offenses.

Certification Requirement:

  • A Justice of the Peace must possess a current certificate of completion from the Attorney General’s Arrest Warrants Course to sign and issue an arrest warrant.
  • Without this certification, a JP cannot issue an arrest warrant, even if probable cause exists.
RS 49:251.4

Statutory Limitations & Prohibitions

Section titled “Statutory Limitations & Prohibitions”

School Administrators & Teachers

Section titled “School Administrators & Teachers”

A Justice of the Peace cannot issue an arrest warrant for a school administrator or teacher acting in the course and scope of their official duties UNLESS an independent investigation has been conducted and the findings support the allegations.

CCrP 202
  • This is not a prohibition, but a procedural requirement.
  • If no investigation has occurred, the warrant cannot be issued yet.

School Employees (Misdemeanors)

Section titled “School Employees (Misdemeanors)”

For any school employee charged with a misdemeanor committed during the course and scope of employment (on campus or at a school event), the JP must issue a summons. An arrest warrant is prohibited in these specific cases.

CCrP 202

Law Enforcement Officers

Section titled “Law Enforcement Officers”

A Justice of the Peace is prohibited from issuing an arrest warrant for a peace officer for acts performed while in the course and scope of their official duties. Jurisdiction for such matters lies with the District Court.

CCrP 202

Juveniles

Section titled “Juveniles”

JPs generally lack jurisdiction to issue warrants for juveniles. Jurisdiction for these matters lies with the appropriate juvenile court.

Execution & Return

Section titled “Execution & Return”

Summons

Section titled “Summons”
  • Served by a peace officer.
  • Directs the defendant to appear before the appropriate court (City or District Court for trial, or JP Court for initial appearance if applicable).

Arrest Warrant

Section titled “Arrest Warrant”
  • Executed by any peace officer in the state.
  • Valid until executed or recalled.
  • Defendant must be brought before a magistrate for an initial appearance within 72 hours.

Record Keeping

Section titled “Record Keeping”

The JP must maintain a log of all complaints, indicating:

  • Date filed
  • Complainant and Defendant names
  • Offense charged
  • Disposition (Dismissed, Summons Issued, Warrant Issued)
  • Date of issuance
CCrP 202CCrP 203

Certification: La. R.S. 49:251.4

RS 49:251.4