When must a sworn complaint be filed with the court?

• A. If a defendant pleads not guilty, a sworn complaint must be filed unless the agreement to go to trial on the written notice is in writing and filed with the court.
• B. If a defendant pleads not guilty, a sworn complaint must be filed in all cases.
• C. A sworn complaint is required only if the defendant pleads guilty.
• D. A sworn complaint is filed only after the defendant fails to appear.

Answer: (A)

The main idea is that a sworn complaint serves as the charging document needed to move a case forward when a defendant pleads not guilty. In Texas municipal court procedures, if someone says they intend to fight the charge (not guilty), the court generally must have a sworn complaint filed on the case to establish the offense and give the court authority to proceed. There is an important exception: if there’s a written agreement to proceed to trial on the written notice and that agreement is filed with the court, the sworn complaint does not have to be filed in addition to that agreement. This is why the correct approach is that a sworn complaint is required when a not-guilty plea is entered, unless there’s a properly filed written agreement to go to trial on written notice.

The other options don’t fit because they either overstate when the sworn complaint is required (in all cases), restrict it to different pleas (only guilty), or tie it to appearance issues that don’t determine the filing requirement.