This is Part 1 of a multi-part series about how the legal system works in Pennsylvania, and in the Pittsburgh area specifically.
 Part of what a criminal complaint looks like when filed by the police. | In Pennsylvania, unlike in most other states, private citizens have the right to file criminal charges directly without waiting for police involvement. This is a process known as filing a private criminal complaint. Under Rule 506 of the Pennsylvania Rules of Criminal Procedure, anyone who believes another person has committed a crime can initiate charges on their own by becoming the "affiant," essentially taking on the role typically filled by the police. |
However, it's crucial to understand that filing a private criminal complaint only starts the process of a criminal case. Simply making an allegation is insufficient; you must demonstrate that "probable cause" exists, which means an you need to set forth facts and evidence establishing a reasonable belief that a crime has been committed, and the person being charged is the person who committed the crime. You must provide detailed, thorough facts explaining exactly what crime you believe was committed and why probable cause exists.
For misdemeanor and felony charges in Pittsburgh and Allegheny County, the Allegheny County District Attorney's office must review and approve your complaint before a magistrate or district justice can issue process (a summons or warrant). Summary offenses, such as disorderly conduct or harassment, don't require District Attorney approval and can be filed directly with your local magisterial district justice's office.
Before filing, you must understand the serious consequences of making false accusations: Pennsylvania law strictly prohibits false swearing, unsworn falsification, and false reports to law enforcement, all of which carry criminal penalties of their own. Therefore, what you write must be complete, detailed, honest and accurate when describing the facts in the complaint.
To file a private criminal complaint in Pittsburgh and Allegheny County, you'll need to complete the Private Criminal Complaint form, which can be found here. This form is also available at your local magisterial district justice's office if you live outside of the City of Pittsburgh, or at the Pittsburgh Municipal Courts building if you live within city limits.
If you live outside of city limits, you will need to call your local magistrate's office. You need to ask when the assigned prosecutor to that magistrate's office will have intake hours for private criminal complaints, which involve charges that are more than summary offenses.
If you live within the City of Pittsburgh, you can only bring your private criminal complaint that alleges more serious charges for an interview at the Pittsburgh Municipal Courts building. This only takes place on Fridays, from 9:30 AM – 2:30 PM; interviews are conducted in Room 134 there.
The prosecutor may approve it immediately, take several days to consider your complaint and evidence, or forward it to law enforcement for further investigation. If probable cause is found, your complaint may be approved and the court will issue process. If not approved, you'll be notified, and you'll have the right to petition the Court of Common Pleas for review. Be aware that if approved, you must attend all court proceedings and provide witness names and addresses to the judge.
In my own experience and practice, I have found that the prosecutors who are assigned to do intake for private criminal complaints often lean towards not approving private criminal complaints. This is even more so the case with complaints filed by pro se affiants (citizens without attorneys representing them). Some reasons for denial may include:
If your case is more about money and property, you may want to consider consulting with an attorney first, to see if a civil case may be a better fit for your legal needs.
Also, even if you have a good criminal case, an attorney-drafted, professionally organized private criminal complaint can substantially increase your chances of getting it approved by the Allegheny County District Attorney's Office.
(Disclaimer: The information provided above, and on this site, is about legal issues, and is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney. Although I strive to be accurate, the information above and on this website could include inaccuracies, outdated information, and/or typographical errors. The materials on this website do not constitute legal advice, and are not guaranteed to be correct, complete, or up‐to‐date. All information on this website are provided as-is, and without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non‐infringement.)
For misdemeanor and felony charges in Pittsburgh and Allegheny County, the Allegheny County District Attorney's office must review and approve your complaint before a magistrate or district justice can issue process (a summons or warrant). Summary offenses, such as disorderly conduct or harassment, don't require District Attorney approval and can be filed directly with your local magisterial district justice's office.
Before filing, you must understand the serious consequences of making false accusations: Pennsylvania law strictly prohibits false swearing, unsworn falsification, and false reports to law enforcement, all of which carry criminal penalties of their own. Therefore, what you write must be complete, detailed, honest and accurate when describing the facts in the complaint.
To file a private criminal complaint in Pittsburgh and Allegheny County, you'll need to complete the Private Criminal Complaint form, which can be found here. This form is also available at your local magisterial district justice's office if you live outside of the City of Pittsburgh, or at the Pittsburgh Municipal Courts building if you live within city limits.
If you live outside of city limits, you will need to call your local magistrate's office. You need to ask when the assigned prosecutor to that magistrate's office will have intake hours for private criminal complaints, which involve charges that are more than summary offenses.
If you live within the City of Pittsburgh, you can only bring your private criminal complaint that alleges more serious charges for an interview at the Pittsburgh Municipal Courts building. This only takes place on Fridays, from 9:30 AM – 2:30 PM; interviews are conducted in Room 134 there.
The prosecutor may approve it immediately, take several days to consider your complaint and evidence, or forward it to law enforcement for further investigation. If probable cause is found, your complaint may be approved and the court will issue process. If not approved, you'll be notified, and you'll have the right to petition the Court of Common Pleas for review. Be aware that if approved, you must attend all court proceedings and provide witness names and addresses to the judge.
In my own experience and practice, I have found that the prosecutors who are assigned to do intake for private criminal complaints often lean towards not approving private criminal complaints. This is even more so the case with complaints filed by pro se affiants (citizens without attorneys representing them). Some reasons for denial may include:
- A private criminal complaint is being used for a non-criminal (e.g. civil) reason, such as a dispute over unpaid rent.
- The complaint does not contain all the information necessary for a criminal complaint.
- The complaint is poorly written.
- You do not have a good explanation for why you did not go to the police first.
- The affiant does not bring or have good evidence.
- The prosecutor does not like private citizens circumventing the police as law enforcement.
- The prosecutor does not believe that the private citizen affiant is a good witness, who can work effectively with the prosecutor secure a conviction.
- The prosecutor has discretion in determining whether the case is a good use of office resources.
If your case is more about money and property, you may want to consider consulting with an attorney first, to see if a civil case may be a better fit for your legal needs.
Also, even if you have a good criminal case, an attorney-drafted, professionally organized private criminal complaint can substantially increase your chances of getting it approved by the Allegheny County District Attorney's Office.
(Disclaimer: The information provided above, and on this site, is about legal issues, and is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney. Although I strive to be accurate, the information above and on this website could include inaccuracies, outdated information, and/or typographical errors. The materials on this website do not constitute legal advice, and are not guaranteed to be correct, complete, or up‐to‐date. All information on this website are provided as-is, and without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non‐infringement.)
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