If a complaint uses plain and intelligible language, must it establish all the elements of the offense?

If a complaint uses plain and intelligible language, must it establish all the elements of the offense?

• A. True
• B. False
• C. It depends on the offense
• D. It depends on the judge

Answer: (B)

Not every element of the offense needs to be listed in the complaint. The complaint’s job is to inform the defendant of the charge in plain, understandable terms and to provide enough facts to identify the offense and give notice for a defense. The specific elements are defined by law and must be proven at trial with the evidence. So even if the complaint doesn’t spell out every element, the state can still meet its burden by proving those elements at trial. If the complaint omits something essential, it can often be amended to cure the defect.

Not every element of the offense needs to be listed in the complaint. The complaint’s job is to inform the defendant of the charge in plain, understandable terms and to provide enough facts to identify the offense and give notice for a defense. The specific elements are defined by law and must be proven at trial with the evidence. So even if the complaint doesn’t spell out every element, the state can still meet its burden by proving those elements at trial. If the complaint omits something essential, it can often be amended to cure the defect.