Washington D.C. Prosecution Upon Complaint Offenses: Types, Complaint Process, and Impact of Settlement

This refers to making knowingly false statements that damage the reputation of a deceased person. While not always prosecutable under general D.C. law, this is often raised in civil contexts or under slander statutes if applied symbolically to surviving family dignity.

Criminal charges based solely on verbal insult without physical threats may not be prosecuted unless the target files a complaint. D.C. generally requires the insult to be severe and targeted to trigger enforcement.

This may include unauthorized opening of sealed letters or accessing private digital records. Such offenses can fall under D.C. Code §22–3226.01 (privacy protection) and are often treated as misdemeanors unless the complainant initiates.

Licensed professionals (such as attorneys, physicians, or accountants) who disclose client secrets without authorization may face complaints. Under D.C. Rules of Professional Conduct, ethical violations can lead to disciplinary and criminal consequences, but action typically begins with a formal complaint.

Property crimes like theft or fraud committed among close relatives (e.g., siblings, spouses) are often treated as non-prosecutable without a victim’s complaint. D.C. courts may dismiss such intra-family disputes unless the complainant formally seeks legal redress.

In cases where the infringing act was non-commercial and caused minimal harm, the Copyright Act (17 U.S.C. §506) defers criminal enforcement unless the rights holder files a formal complaint. This includes personal or educational copying without profit motive.

Federal employees or former patent office personnel disclosing details of unpublished patent applications may be prosecuted under 35 U.S.C. §122, but enforcement is often complaint-driven due to confidentiality and privacy concerns.

Complaints may be filed either in writing or verbally at a local police department or with the Office of the Attorney General. When made orally, the officer must document the complaint in writing. The form should include the identity of the alleged offender, the date and location of the offense, and any supporting evidence or witnesses.

Not all individuals can file a complaint. In D.C., a valid complainant includes:

• The direct victim of the crime
• A legal guardian if the victim is a minor or incapacitated
• Immediate family members if the victim is deceased (spouse, parents, children, or siblings)
• In specific deceased-defamation cases, a descendant or heir

This ensures that only those with a legally protected interest in the matter can invoke the process.

Time limits apply. The complaint must be filed within 6 months of learning the identity of the offender. This aligns with general limitations under D.C. Code §23–103 and ensures timely justice. Filing beyond this window may render the complaint inadmissible.

If the complainant notifies the prosecution office that they do not wish to pursue the case, and the offense is one requiring a complaint, the court will dismiss the case. This is true even if the defendant admits guilt. Once the complaint is withdrawn, the legal basis for the case vanishes.

“Non-consensual prosecution waiver offenses,” or crimes that may proceed without a complaint but require the victim’s non-objection (e.g., minor assaults, defamation), function differently.

These do not require the victim to initiate prosecution, but the prosecution may drop charges if the victim explicitly states non-consent. Examples include:

• Minor physical assault
• Non-threatening verbal harassment
• Certain negligent injury cases

The key difference is that in prosecution-upon-complaint offenses, no legal action can begin without the victim’s initiation.