If a citation is filed with the court and the defendant fails to appear, what must be filed?

• A. A sworn complaint
• B. A warrant
• C. A petition for dismissal
• D. A notice of appearance

Answer: (A)

When a citation is issued, it’s only a notice to appear, not a formal charge. If the defendant does not show up, the court needs a document that establishes the charges under oath and provides the factual basis for proceeding. A sworn complaint does exactly that: it is filed under oath by a prosecutor or officer, laying out the allegations, the offense, and the facts supporting probable cause. This formal charging instrument lets the court move forward with the case, such as setting further proceedings or arresting if needed.

A warrant may be issued as a consequence of nonappearance, but the document that initiates formal charges and keeps the case on track is the sworn complaint. A petition for dismissal would terminate the case, and a notice of appearance is a document from a lawyer acknowledging representation, not the charging instrument.