Criminal Complaint & Affidavit of Probable Cause in Pennsylvania (Wilkes-Barre & Luzerne County Guide)

When someone is charged with a crime in Pennsylvania, the process usually begins with two critical documents: the Criminal Complaint and the Affidavit of Probable Cause. These filings explain the basis for the charges and notify the defendant of the conduct the police claim occurred.

If you or a loved one has been arrested in Wilkes-Barre, Kingston, Hazleton, Nanticoke, Pittston, Plains Township, or anywhere in Luzerne County, understanding these documents is essential to mounting a strong defense.

What Are the Criminal Complaint and Affidavit of Probable Cause?

A Criminal Complaint lists the criminal offenses the Commonwealth of Pennsylvania is bringing against a defendant. Attached to it is the Affidavit of Probable Cause, a sworn statement in which the affiant — usually the arresting officer — outlines the alleged facts that supposedly justify the charges.

Together, these documents:

• Identify each criminal charge
• Provide a brief narrative of the alleged incident
• Form the legal foundation for the prosecution to move forward
• They play a major role in how early decisions are made by prosecutors and judges in Luzerne County.

Who Is the Affiant?

The affiant is the person who prepares and signs the Criminal Complaint and swears under oath that its contents are true. This is typically:

• The arresting police officer
• A detective
• A Liquor Control Enforcement Officer
• A Water Conservation Officer
• Or any law enforcement agent authorized to file charges
• Because the affiant signs under oath, false statements can subject them to penalties — but that does not mean the narrative is accurate. Affidavits often contain errors, assumptions, or one-sided interpretations.

What Information Must a Pennsylvania Criminal Complaint Include?

Under Pennsylvania Rule of Criminal Procedure 504, a valid Criminal Complaint must contain:

• The name of the affiant
• The defendant's name and address (if known)
• A narrative of the alleged conduct — the Affidavit of Probable Cause
• The date of the alleged offense (and precise timing when relevant)
• The location where the offense allegedly occurred
• A statement showing the defendant's acts violated Pennsylvania law
• Any requests for lab analysis (blood tests, DNA testing, etc.)
• A request for a summons or arrest warrant

Because the affidavit reflects law enforcement's version of events, it is often incomplete or biased. A seasoned Wilkes-Barre criminal defense attorney can challenge errors, unsupported claims, and constitutional problems in the document.

Why These Documents Matter for Your Defense

The Criminal Complaint and Affidavit of Probable Cause often shape the entire direction of a case. Prosecutors, judges, and even bail decisions rely on these early allegations.

A defense attorney may be able to challenge:

• Weak or vague statements
• Lack of probable cause
• Constitutional violations
• Evidence obtained illegally
• Incomplete or misleading information

Successfully attacking the affidavit early can lead to reduced charges — or dismissal in the right circumstances.

Facing Criminal Charges in Luzerne County? Contact Sklarosky Law.

If you or a loved one is facing criminal charges in Wilkes-Barre, Scranton, Hazleton, Pittston, Kingston, or anywhere in Northeastern or Central Pennsylvania, you shouldn't face the justice system alone. The allegations in a Criminal Complaint can be challenged — and a strong defense starts immediately.

At Sklarosky Law, we have decades of experience fighting for people charged with crimes across the region.

Call (570) 283-1200 or use our online contact form for a free, confidential consultation. Your future is too important to risk — let us protect your rights from day one.