Appearance ticket; filing a complaint in the Superior Court; dismissal of insufficient complaint

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  • (a) At or before the time the appearance ticket is returnable, the Attorney General shall file with the Superior Court of the Virgin Islands a complaint charging the person named in the appearance ticket with the offense specified therein, consistent with Superior Court Rule 123(a)(5), relating to the filing of complaints.

  • (b) If the complaint is not sufficient on its face, as prescribed in Superior Court Rules 121, relating to the form of complaints and notices in lieu of complaint, and 123(a)(5), and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file a complaint that is sufficient on its face, the court shall dismiss the complaint.

  • (c) If the court finds that the complaint is sufficient on its face, as prescribed by Superior Court Rules 121 and 123(a)(5), then the court shall proceed in accordance with Superior Court Rules 123(b) and the other relevant Rules of Part IV, Superior Court Rules, Procedure in the Criminal Division.


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