Affidavit Instructions & Information

The Batesville Police Department and Batesville City Attorney's Office provide affidavit packets for the citizens and visitors of Batesville who are victims of a crime committed within city limits or on city property.  Even when a report is taken by a police officer, the officer still submits the report and evidence to the prosecuting attorney for their final determination of what charges should be brought against the accused, and if they will file those charges.   The affidavit packet process provides citizens the opportunity to submit charges directly to the prosecutor's office without needing to complete a report.

This page provides instructions for how to fill out the City of Batesville Affidavit Form BPD provides on its website to ensure complainants fill out the form as completely and correctly as possible, and also provides an explanation of the instructions so that complainants understand the function and importance of the elements of the affidavit form.

Important things to know:

• The Batesville City Attorney's Office is the prosecutor for misdemeanor crimes committed inside of city limits and on city-owned property.
• Misdemeanor charges are filed with the Independence County District Court.
• You do not need to know the charges; only tell your story.  The prosecutor will determine what charges apply under Arkansas Criminal Code (A.C.A Title 5 Criminal Offenses).
• If it is determined a felony was committed, the City Attorney will forward the affidavit to BPD for investigation.
• Misdemeanor charges can be filed for up to one (1) year after the incident occurred.
• Intentionally making a false accusation of a crime is itself a crime (see more below**)
• If the accused is younger than eighteen (18), please contact BPD for information and assistance with filing charges against a juvenile.

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Affidavit Form Instructions

Please read these instructions carefully.  Explanations will be provided in green text below each instruction to help you better understand the context and importance.

1. Provide your name, address and telephone number.
   
   The prosecutor's office, law enforcement or court will need to contact you regarding your case on an as-needed basis.
   
   
2. Give  the names, addresses and telephone numbers of witnesses who have indicated they are willing to testify on your behalf.  Witnesses must also complete and sign witness statements.
   
   While not strictly necessary, witness testimony is important to establishing a strong case against the accused in court.
   
   
3. Give the full name, or as much of the name of the person (accused) against whom you are filing charges.
   
   It is important that the accused is correctly and accurately identified when filing charges.
   
   
4. Give an address with sufficient detail for service on the accused.
   
   The accused must be served papers notifying them that charges are being filed against them, what those charges are, the court where charges are being filed, and their scheduled court date for their first appearance.
   
   
5. A date of birth (DOB) for the accused should be provided.  If you do not know the date of birth, provide your best estimate of their age.  The accused should be eighteen (18) or older when using the web form to submit an affidavit.
   
   The age of the accused is important to correctly identify them, and to verify that they are a legal adult.
   
   
6. Give the approximate date of the incident.  If there was more than one incident, give an estimated date range for the period in which the incidents occurred, and mention specific dates in your narrative.
   
   The facts of the incident are important to building a case.  Events should be in chronological order to establish a clear timeline for the incident.
   
   
7. Give the location of the incident as accurately as possible.
   
   Only misdemeanors within the jurisdiction of the Batesville Police Department and City Attorney's Office may be submitted.  It may also be important to establish whether the incident occurred on your property or someone else's, whether it occurred on public or private property or determine if there is pending court action regarding ownership of the property.
   
   
8. In the Statement field on the web form, describe the event(s) complained of clearly and succinctly.
   
   This is your opportunity to write your statement regarding what happened.  Again, you do not need to know the details of charges -- merely tell you story as clearly as possible, and include as much detail as you can accurately convey.
   
   
9. Indicate if you are seeking restitution for damages caused by the accused during the incident.
   
   Restitution related to crimes is separate from filing a lawsuit against another party in civil court.
   
   
10. Attach any photos, or documents from third parties such as witness statements, medical records, bank statements, contractor estimates, etc.
    
    Such documentation is important for building a case, providing additional evidence for probable cause, and supporting claims for restitution of damages.
    
    
11. Select an option when asked to attest that you understand filing a false statement or report is a crime pursuant to A.C.A § 5-54-122 Filing false report with law enforcement agency.**
    
    
12. Select an option when asked to attest that you have read and understand these instructions.
    
    
13. Select an option when asked to attest that the information you are submitting is truthful, and accurate to the best of your knowledge and abilities.