R.Moore,Jr. - November 3, 2023 - Commencement of Criminal Proceedings

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 November 3, 2023 Robert G. Moore, Jr., Esq. Attorney, Alcorn County Post Office Box 1990 Corinth, Mississippi 38835 Re: Commencement of Criminal Proceedings Dear Mr. Moore: The Office of the Attorney General has received your request for an official opinion. Question Presented Is a general affidavit accompanying a misdemeanor ticket necessary to commence a criminal proceeding, or will a ticket/citation suffice to commence a criminal proceeding? Brief Response A ticket that has been sworn prior to filing will suffice to commence a criminal proceeding. Applicable Law and Discussion Mississippi Code Annotated Section 99-1-7, which provides the general requirements for the commencement of a prosecution, states: “A prosecution may be commenced, within the meaning of Section 99-1-5 by the issuance of a warrant, or by binding over or recognizing the offender to compel his appearance to answer the offense, as well as by indictment or affidavit.” Section 21-23-7(1), which provides for the operation of municipal courts generally, states, in pertinent part: “Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court.” The Mississippi Supreme Court has stated that a traffic ticket that contains the requirements cited in Section 63-9-21, the Uniform Traffic Ticket Law, constitutes a “sworn affidavit” as referred to in Section 21-23-7(1). Wheeler v. Stewart, 798 So. 2d 386, 390 (Miss. 2001). This office has previously opined that a ticket is an affidavit having been sworn prior to filing. MS AG Op., Hogsett at *1 (Feb. 29, 2008). Therefore, in response to Robert G. Moore, Jr., Esq. November 3, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 your question, a ticket that has been sworn prior to filing will suffice to commence a criminal proceeding. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Gregory Alston Gregory Alston Special Assistant Attorney General