commencement of criminal proceeding


commencement of criminal proceeding
A phrase variously defined, some authorities saying that a criminal proceeding is commenced on the filing of a complaint, preliminary information, or affidavit, others saying that the issuance of a warrant for arrest and the placing of it in the hands of an officer for service is the commencement of a criminal proceeding, and still others insisting that the arrest is the commencement of such a proceeding. There is, moreover, authority for the view that a prosecution for a felony is not commenced before the return of an indictment or information, notwithstanding the prior arrest of the accused and his commitment, such view being that all proceedings prior to indictment or information are only preliminary to a prosecution. 21 Am J2d Crim L § 3.

Ballentine's law dictionary. . 1998.

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